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CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 22, 2000
CITY COMMISSION CHAMBERS@ 5:30 P.M.
AGENDA
• CALL MEETING TO ORDER:
• PRAYER:
• PLEDGE OF ALLEGIANCE:
• ROLL CALL:
• PRESENTATION:
• HONORS AND AWARDS:
• CONSENT AGENDA: Items listed under the Consent Agenda have been
considered to be routine in nature and will be enacted in one motion. No
separate discussion will be held on these items. If discussion of an item is required,
it will be removed from the Consent Agenda and be considered separately.
a. Approval of Minutes, CITY CLERK
b. Zoning Ordinance Amendment for Handicap Wheelchair Ramps.
PLANNING & ECONOMIC DEVELOPMENT
c. Alley Vacation in Block 684 (between Philo & LeTarte Aves.)
PLANNING & ECONOMIC DEVELOPMENT
d. City - ESCO Agreement, Watermain Construction. ENGINEERING
e. Concurrence with Housing Board of Appeals Finding and Order for:
1. 350 Bauer
2. 388 Catawba
3. 1328 Palmer (Garage)
4. 1237 Sanford
5. 1237 Seventh
6. 146 Strong
f. Dangerous Building Ordinance. INSPECTIONS
• PUBLIC HEARINGS:
a. Amendment to the Special Assessment Roll - Sidewalk
Replacement Program for 1999 (Area W3). ENGINEERING
• COMMUNICATIONS:
• CITY MANAGER'S REPORT:
• UNFINISHED BUSINESS:
a. SECOND READING -Seat Belt Ordinance. CITY CLERK
b. Concurrence with Housing Board of Appeals Finding and Order for
1212 Jefferson. INSPECTIONS
• NEW BUSINESS:
a. Rezoning Request for Verplank Property on Muskegon Lake.
PLANNING & ECONOMIC DEVELOPMENT
b. Release and Settlement Agreement - Estate of Mary Williams.
POLICE
c. Water Service to Muskegon Township. CITY MANAGER
d. Payment to Muskegon Township for Sewer Service to the
Correctional Facilities. CITY MANAGER
e. Notice of Intent to Terminate Utility Easements. CITY ATTORNEY
• ANY OTHER BUSINESS:
• PUBLIC PARTICIPATION:
• Reminder: Individuals who would like to address the City Commission shall do the following:
• Be recognized by the Chair.
• Step forward to the microphone.
• State name and address.
• Limit of 3 minutes to address the Commission.
• (Speaker representing a group may be allowed 10 minutes if previously registered with Cify Clerk,)
• CLOSED SESSION: To discuss pending litigation.
• ADJOURNMENT:
ADA POLICY: THE CITY OF MUSKEGON WILL PROVIDE NECESSARY AUXILIARY AIDS AND SERVICES TO INDIVIDUALS WHO WANT TO
ATTEND THE MEETING UPON TWENTY FOUR HOUR NOTICE TO THE CITY OF MUSKEGON. PLEASE CONTACT GAIL A. KUNDINGER,
CITY CLERK, 933 TERRACE STREET, MUSKEGON, Ml 49440 OR BY CALLING (231) 724-6705 OR TDD: (231) 7244172.
Date: August22,2000
To: Honorable Mayor and City Commissioners
From: Gail A. Kundinger, City Clerk
RE: Approval of Minutes .
SUMMARY OF REQUEST: To approve the minutes of the Commission
Worksession that was held on Monday, August 7, 2000; and the
Regular Commission Meeting that was held on Tuesday, August 8,
2000. t-,y·
/JIJJ /!-~ trs f ~ ~OCJ01 517ec.., 'al /??ee
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: Approval of the minutes.
CITY OF MUSKEGON
CITY COMMISSION MEETING
AUGUST 22, 2000
CITY COMMISSION CHAMBERS @ 5:30 P.M.
MINUTES
The Regular Commission Meeting of the City of Muskegon was held at City Hall, 933 Ter-
race Street, Muskegon, Michigan at 5:30 p.m., Tuesday, August 22, 2000.
Mayor Nielsen opened the meeting with a prayer after which members of the City Com-
mission and the members of the public joined in reciting the Pledge of Allegiance to the
Flag.
ROLL CALL FOR THE REGULAR COMMISSION MEETING
Present: Mayor Fred J. Nielsen; Vice Mayor Scott Sieradzki; Commissioners John Aslakson,
Jone Wortelboer Benedict, Robert Schweifler, Clara Shepherd, Lawrence Spa-
taro
Absent: None
2000-081 CONSENT AGENDA: Items listed under the Consent Agenda have been consid-
ered to be routine in nature and will be enacted in one motion. No separate
discussion will be held on these items. If discussion of an item is required, it will
be removed from the Consent Agenda and be considered separately.
a. Approval of Minutes.
CITY CLERK
SUMMARY OF REQUEST: To approve the minutes of the Commission Worksession that was
held on Monday, August 7, 2000; and the Regular Commission Meeting that was held on
Tuesday, August 8, 2000.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval of the minutes.
c. Alley Vacation in Block 684 (between Philo & LeTarte Aves.)
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request for vacation of the west part only {west of the west
property lines of parcels #24-205-684-0004-00 and #24-205-684-0017-00) of the east/west alley
in Block 684, bounded by Philo Ave., Grove St., Le Tarte Ave. and Fountain St.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends vacation of the west part only, as de-
scribed above, of the proposed alley with the condition that all City easement rights be re-
tained.
The Planning Commission recommended vacation of the west part only, as described
above, of the proposed alley with the condition that all City easement rights be retained.
The vote was unanimous.
d. City - ESCO Agreement, Watermain Construction.
ENGINEERING
SUMMARY OF REQUEST: To approve the agreement with ESCO Company for the construc-
tion of a new 12" watermain from the easterly end of Barney (about 540' east of Roberts) to
the Consumer's Energy easement to the north and to approve the resolution authorizing the
Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT: ESCO and the City will pay equal shares of the total project cost (en-
gineering & construction). The total cost is not expected to exceed $65,000.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To approve the resolution and to sign the agreement.
e. Concurrence with Housing Board of Appeals Finding and Order for:
1. 350 Bauer
2. 388 Catawba
3. 1328 Palmer (Garage)
4. 1237 Sanford
5. 1237 Seventh
6. 146 Strong
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structures are unsafe, substandard and are public nui-
sances and that they be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition of
the structures and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: (350 Bauer) The cost of demolition will be paid with CDBG funds.
AUGUST 22, 2000 2
BUDGET ACTION REQUIRED: (350 Bauer) None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: (350 Bauer) This commercial garage is
located on Bauer near Spring Street. The last known owner is Jim Bauer of 3023 Henry Street,
Muskegon, Ml.
A Notice and Order was sent out on March 29, 2000. A permit was pulled on May 4, 2000
before the Housing Board of Appeals meeting. Mr. Bauer requested 60 days to complete
repairs and the Board agreed to give him the time to complete the repairs. The case was
revisited by the HBA on July 6, 2000 due to no progress being made. To this date, there has
been no contact from the owner and the condition of the property remains in the same
dangerous condition.
Attached are copies of the following: minutes to the HBA May 4, 2000 and July 6, 2000
meetings; finding of facts dated May 8, 2000 and July l 0, 2000; notice of hearing dated May
1, 2000 and June 23, 2000; notice and order dated March 31, 2000 and the dangerous
building inspection report dated March 29, 2000.
The estimated cost to repair the structure is $10,000.00.
FINANCIAL IMPACT: (388 Catawba) The cost of the demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (388 Catawba) None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: (388 Catawba) This residential one (l)
unit rental is located on Catawba near Wood Street. The home was previously owned by
Annie Churchwell and now owned by Mark Himes of Himes Home Improvement in Spring
Lake, Ml.
On December 4, 1998 the Housing Board of Appeals made a determination that the
subject property is unsafe and ordered that the structures be demolished or repaired by
January 4, 1999. February 9, 1999 the case was brought before the City Commission and it
was recommended to give the interested party six (6) months to obtain permits and bring
the property up to code, submit a written time table on the scheduled repairs and obtain a
permit. The case was revisited by the City Commission on January 25, 2000 where it was
recommended to defer all action until the next meeting for an update of the property. On
May 11, 2000 a letter was sent to the owner requesting that they contact the Inspection
Services Department within l O days. Since there was no contact and no change in repairs,
the case was visited by the Housing Board of Appeals on July 6, 2000 where the board de-
clared the structure(s) to be dangerous and forward to the City Commission for concurrence
with the decision for demolition. There has been no change in the progress of repairs.
Attached are copies of the following: Finding of facts and order dated July l 0, 2000, in-
spection report dated September 9, 1998, Notice of hearing dated June 23, 2000, Letter to
Mark Whims dated May 11, 2000 and January 19, 2000, Commission meeting minutes dated
January 25, 2000 and February 9, 1999, written work schedule submitted by Mark Whims not
dated, Housing Board of Appeals meeting minutes dated December 3, 1998 finding of facts
and order dated December 4, 1998.
The estimated cost to repair the property is $15,000.00.
AUGUST 22, 2000 3
FINANCIAL IMPACT: (1328 Palmer (Garage)) The cost of the demolition will be paid with
CDBG funds.
BUDGET ACTION REQUIRED: (1328 Palmer (Garage)) None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: (1328 Palmer (Garage)) This residential,
owner occupied property is located on Palmer Avenue near McGraft. The last known owner
is Paul Johnson of 1328 Palmer Ave., Muskegon, Ml.
An exterior housing inspection was conducted on December 2, 1998 which revealed the
garage to be in poor condition. Please see attached report dated December 2, 1999. On
March 29, 2000 a dangerous building inspection was conducted and a notice and order
was sent on March 31, 2000. There had been no change in the condition of the garage and
the case was referred by staff to the Housing Board of Appeals. The case was discussed at
the Housing Board of Appeals July 6, 2000 meeting where the board declared the building
substandard, unsafe, a public nuisance and forwarded to the City Commission for concur-
rence. Please see attached minutes. To this date, there has been no contact from the
owner and there has been no change in the condition of the garage.
The estimated cost to repair the structure is $2,500.00.
FINANCIAL IMPACT: ( 1237 Sanford) The cost of the demolition will be paid with CDBG
funds.
BUDGET ACTION REQUIRED: (1237 Sanford) None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: This residential, 2-unit rental is located
on Sanford Street near Strong. The last known owner is Lakeshore Properties of Muskegon,
Ml.
A housing inspection was done on November 2, 1999, which revealed the attached list of
56 defects that have not been corrected. Please see attached report. On March 8, 2000 a
dangerous building inspection was conducted which disclosed unsafe conditions. A notice
and order was sent on March 9, 2000. There had been no contact from the owner and the
case was referred to the Housing Board of Appeals by staff. The case was heard at the July
6, 2000 meeting. The Board declared the structure(s) to be unsafe, substandard, a public
nuisance and ordered it to be demolished. Please see attached minutes of the Housing
Board of Appeals July 6, 2000 meeting.
The estimated cost to repair the property is $20,000.00.
FINANCIAL IMPACT: (1237 Seventh) The cost of demolition will be paid with CDBF funds.
BUDGET ACTION REQUIRED: (1237 Seventh) None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: (1237 Seventh) This residential, owner
occupied single family home is located on Seventh Street near Houston. The last known
owner is Lebron Moore of 1237 Sanford St., Muskegon, Ml.
A dangerous building inspection was conducted on March 15, 2000 which revealed
dangerous living conditions. A notice and order was sent on March 20, 2000. The Housing
Board of Appeals heard the case on July 6, 2000. The Housing Board of Appeals declared
AUGUST 22, 2000 4
the property substandard, unsafe and a public nuisance. The condition of the property re-
mains the same with no repairs attempted.
Attached are copies of the following: dangerous building inspection report dated March
15, 2000, Notice and Order dated March 20, 2000 and a copy of the Housing Board of Ap-
peals July 6, 2000 meeting minutes.
The estimated cost of repairs is $25,000.00.
FINANCIAL IMPACT: ( 146 Strong) The cost of demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: (146 Strong) None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: (146 Strong) This one (1) unit rental is lo-
cated on Strong near Jefferson Street. The last known owner is Ed Backing of Muskegon, Ml.
A notice and order was sent on March 28, 2000. Please see attached. There had been
no change in the condition of the property and no contact from the owner. Staff referred
the case to the Housing Board of Appeals on July 6, 2000. The Board declared the struc-
ture(s) unsafe, substandard and a public nuisance. Please see attached minutes.
The estimated cost to repair the property is $20,000.00.
Motion by Commissioner Shepherd, second by Commissioner Spataro to adopt the Con-
sent Agenda with the exception of items (b) and (f).
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None ·
ADOPTED
2000-082 ITEMS REMOVED FROM CONSENT
b. Zoning Ordinance Amendment for Handicap Wheelchair Ramps.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to amend Section 2307 (Permitted Yard Encroachments)
of Article XXIII (General Provisions) of the Zoning Ordinance to add language to permit the
zoning administrator to waive the front setback requirement for handicap wheelchair ramps,
under certain conditions.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends amendment of the Zoning Ordinance to
include the proposed language in the section described above. Staff would also recom-
mend a second small change to #4 (Additions) in the same section, changing the lot cover-
age from 75% to 50%. The lot coverage was changed when the Table I amendment passed
earlier this year and this section should also be changed to reflect that. This request was not
part of the Planning Commission action, but staff is asking the City Commission to also make
this minor adjustment.
The Planning Commission recommended approval of the request at their August 9, 2000
meeting. The vote was unanimous.
AUGUST 22, 2000 5
Motion by Commissioner Schweifler, second by Commissioner Aslakson to amend Section
2307 of Article XXIII of the Zoning Ordinance to add language to permit the zoning adminis-
trator to waive the front setback requirement for handicap wheelchair ramps, under certain
conditions and to add side setbacks.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADPOTED
f. Dangerous Building Ordinance.
INSPECTIONS
SUMMARY OF REQUEST: To adopt the ordinance, which is meant to clean up the danger-
ous building procedure. The procedure has proven to be somewhat cumbersome and trou-
blesome in Circuit Court. This will give us a better chance in Circuit Court to overcome due
process difficulties.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: To adopt the ordinance.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to adopt the ordi-
nance to clean up the dangerous buildings procedure.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Shepherd, Spataro, Aslakson
Nays: Sieradzki
REQUIRES SECOND READING
Motion by Vice Mayor Sieradzki, second by Commissioner Benedict to allow Cal Deets to
speak for 3 minutes on item (f).
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
2000-083 PUBLIC HEARINGS:
a. Amendment to the Special Assessment Roll - Sidewalk Replacement Pro-
gram for 1999 (Area W3).
ENGINEERING
SUMMARY OF REQUEST: A Public Hearing to amend special assessment for the 1999 Side-
walk Replacement Program be held and to adopt· the resolution confirming the amended
Special Assessment Roll to include 1447 Palmer (parcel #24-205-525-0006-00). In addition,
hear from the owners of: 1332 Palmer, 1779 Ruddiman, 1154 Washington, 1190 W. Dale, 1645
Franklin, and 1526 Hudson regarding their ineligibility to receive CDBG funds.
FINANCIAL IMPACT: A total of $528,853.22 will be assessed against 624 parcels.
BUDGET ACTION REQUIRED: None at this time.
AUGUST 22, 2000 6
STAFF RECOMMENDATION: To approve the amended special assessment roll and adopt
the resolution.
The Public Hearing opened at 5:53 p.m. to hear and consider any comments from the
public. Mohammed AI-Shatel, City Engineer gave an overview of the item. Victoria Rozyski,
115 Campus is opposed.
Motion by Commissioner Aslakson, second by Commissioner Benedict to close the Public
Hearing at 6:09 p.m. and to amend the special assessment for the 1999 Sidewalk Replace-
ment Program and to adopt the resolution confirming the amended Special Assessment Roll
to include 1447 Palmer.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
CITY MANAGER'S REPORT:
Regina Vanlinden, Civil Engineer was introduced to the Commission.
The 2001 Budget will be discussed at the Commission Worksession that will be held on Sep-
tember 11, 2000.
2000-084 UNFINISHED BUSINESS:
a. SECOND READING -Seat Belt Ordinance.
CITY CLERK
SUMMARY OF REQUEST: To adopt the ordinance amending the City Code of Ordinances.
Chapter 20, Section 20-6 amending the Uniform Traffic Code concerning mandatory safety
belt usage.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Adoption of the ordinance.
Motion by Commissioner Benedict, second by Commissioner Aslakson to adopt the ordi-
nance amending the City Code of Ordinances, Chapter 20, Section 20-6 amending the Uni-
form Traffic Code concerning mandatory safety belt usage.
ROLL VOTE: Ayes: Shepherd, Spataro, Aslakson, Benedict, Nielsen, Schweifler
Nays: Sieradzki
ADOPTED
AUGUST 22, 2000 7
b. Concurrence with Housing Board of Appeals Finding and Order for 1212
Jefferson.
INSPECTIONS
SUMMARY OF REQUEST: This is to request City Commission concurrence with the findings of
the Housing Board of Appeals that the structure located at 1212 Jefferson and legally de-
scribed as N ½ Lot 2, Block 384 is unsafe, substandard and a public nuisance and that it be
demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the demolition of
the structure and that the Mayor and City Clerk be authorized and directed to execute a
contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT: The cost of the demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION/HISTORY OF PROPERTY: This residential 5-unit rental, is located
on Jefferson Street near Strong. The last known owner is Rudy Santos who resides at 11982
White Road, Ravenna, Ml.
The property had a fire in the basement on October 16, 1998, please see report. On June
14, 1999 a dangerous building inspection was conducted and a notice and order was sent
on June 18, 1999. There had been no contact from the owner and the case was visited by
the Housing Board of Appeals on August 5, 1999, an audio tape of the meeting can be ob-
tained in the Inspection Services Department. To this date there has been no change in the
progress of repairs.
The estimated cost to complete repairs is $18,000.00.
Motion by Commissioner Spataro, second by Commissioner Schweifler to refer this item
back to staff.
Motion and second withdrawn after discussion.
Motion by Commissioner Aslakson, second by Commissioner Shepherd to concur with the
Housing Board of Appeals and demolish the structure.
Amended by Commissioner Aslakson to set the date for demolition 60 days from today's
date to allow for permits and to bring the structure up to code.
Amendment dies for lack of support.
Motion by Commissioner Aslakson, second by Commissioner Benedict to concur with the
demolition but not before 60 days from today's date to allow for permits to be obtained.
ROLL VOTE: Ayes: Benedict, Nielsen, Schweifler, Sieradzki, Aslakson
Nays: Shepherd, Spataro
ADOPTED
AUGUST 22, 2000 8
2000-085 NEW BUSINESS:
a. Rezoning Request for Verplank Property on Muskegon Lake.
PLANNING & ECONOMIC DEVELOPMENT
SUMMARY OF REQUEST: Request to rezone property located on Muskegon Lake, north of
Fisherman's Landing, from LR, Lakefront Recreation to WI-PUD, Waterfront Industrial Planned
Unit Development.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Staff recommends approval of the request due to compliance
with Master Land Use Plan and Waterfront Redevelopment Plan.
The Planning Commission recommended approval of the request at their August 9, 2000
meeting. The vote was unanimous.
Motion by Commissioner Benedict, second by Commissioner Schweifler to rezone prop-
erty located on Muskegon Lake from LR, Lakefront Recreation to WI-PUD, Waterfront Industrial
Planned Unit Development.
ROLL VOTE: Ayes: Nielsen, Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict
Nays: None
ADOPTED
b. Release and Settlement Agreement - Estate of Mary Williams.
POLICE
SUMMARY OF REQUEST: To authorize and execute the settlement agreement between the
City of Muskegon and the Estate of Mary Williams. This agreement addresses the impound-
ment and subsequent sale at auction of a 1999 Mercury Villager van belonging to the late
Mary Williams. The agreement stipulates that the Estate of Mary Williams will accept a bal-
ance of $9,645.00 plus interest which was received by the city at the time of the auction.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Acceptance of the agreement.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to authorize and
execute the settlement agreement between the City of Muskegon and the Estate of Mary
Williams.
ROLL VOTE: Ayes: Schweifler, Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
ADOPTED
AUGUST 22, 2000 9
c. Water Service to Muskegon Township.
CITY MANAGER
SUMMARY OF REQUEST: To authorize City staff to implement the 1972 Consent Judgement
between the City and Muskegon Township and to notify the Township of the same. This is
necessary because an agreement has not been reached between the two parties for a
successor agreement to the 1972 Consent Judgement.
FINANCIAL IMPACT: 1) The water rates for water users in the Township will be reduced to
City rates, except where a higher rate is justified (subject to arbitration). 2) The City becomes
owner of the water system within the Township.
BUDGET ACTION REQUIRED: The appropriate adjustments to the Muskegon Township Wa-
ter Fund will be made at the next quarterly review.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Benedict, second by Commissioner Aslakson to authorize City
staff to implement the 1972 Consent Judgement between the City and Muskegon Township
and to notify the Township of the same.
ROLL VOTE: Ayes: Shepherd, Sieradzki, Spataro, Aslakson, Benedict, Nielsen
Nays: None
Absent: Schweifler (stepped out of room)
ADOPTED
d. Payment to Muskegon Township for Sewer Service to the Correctional Fa-
cilities.
CITY MANAGER
SUMMARY OF REQUEST: To authorize the payment of up to $337,022 to Muskegon Town-
ship for sanitary sewer flow to the Muskegon Township system for the E. C. Brooks and Tem-
porary Correctional Facilities. These facilities are located in the City but utilize the Township's
sanitary sewer system. It was discovered in 1998 that the City was not billed or paid for this
service since the connections were made in the 1980's. The payment will be made using the
rates set forth in and totaling the amounts which are currently payable pursuant to a 1980
agreement, which was the basis for Muskegon Township's agreement to allow the hook-up
of City properties and the City's decision to connect. Muskegon Township disputes this
amount and claims the 1980 agreement is not in effect.
FINANCIAL IMPACT: $337,022.00.
BUDGET ACTION REQUIRED: The 2000 Sewer Budget will need to be adjusted accordingly.
STAFF RECOMMENDATION: To approve the request.
Motion by Commissioner Aslakson, second by Commissioner Spataro to authorize the
payment of up to $337,022 to Muskegon Township for sanitary sewer flow to the Muskegon
Township system for the E. C. Brooks and Temporary Correctional Facilities.
AUGUST 22, 2000 10
ROLL VOTE: Ayes: Sieradzki, Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd
Nays: None
ADOPTED
e. Notice of Intent to Terminate Utility Easements.
CITY ATTORNEY
SUMMARY OF REQUEST: Consider the passage of the proposed resolutions terminating
public, public service and private easements in rights of ways.
FINANCIAL IMPACT: None
BUDGET ACTION REQUIRED: None
STAFF RECOMMENDATION: Approval
Motion by Commissioner Schweifler, second by Commissioner Aslakson to terminate the
utility easements.
ROLL VOTE: Ayes: Spataro, Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki
Nays: None
ADOPTED
PUBLIC PARTICIPATION:
Various comments were heard from the public.
CLOSED SESSION: To discuss pending litigation.
Motion by Commissioner Aslakson, second by Commissioner Schweifler to adjourn to
Closed Session at 7:53 p.m. to discuss pending litigation.
ROLL VOTE: Ayes: Aslakson, Benedict, Nielsen, Schweifler, Shepherd, Sieradzki, Spataro
Nays: None
ADOPTED
Motion by Commissioner Benedict, second by Commissioner Shepherd to return to the
Regular Commission Meeting at 8:00 p.m. and to accept the attorney's recommendation.
ADJOURNMENT:
The Regular Commission meeting was adjourned at 8:01 p.m.
Respectfully submitted,
~ 0.1~~
Gail A. Kundinger, CMC/AAE
City Cle rk
A UG UST 22 , 2000 11
Commission Meeting Date: August 22, 2000
Date: August10,2000
To: Honorable Mayor and City Commissioners_@
From: Planning & Economic Development
RE: Alley Vacation in Block 684 (between Philo & LeTarte Aves.)
SUMMARY OF REQUEST:
Request for vacation of the west part only (west of the west property lines of parcels
#24-205-684-0004-00 and #24-205-684-0017-00) of the east/west alley in Block 684,
bounded by Philo Ave., Grove St., LeTarte Ave. and Fountain St.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends vacation of the west part only, as described above, of the proposed
alley with the condition that all City easement rights be retained.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended vacation of the west part only, as described
above, of the proposed alley with the condition that all City easement rights be retained.
The vote was unanimous.
8/10/2000
CITY OF MUSKEGON
RESOLUTION 2000-81 ( c )
RESOLUTION TO VACATE A PUBLIC ALLEY
WHEREAS, a petition has been received to vacate the west part only (west of the west property
lines of parcels #24-205-684-0004-00 and #24-205-684-0017-00) of the alley in Block 684 of the
Revised Plat of 1903, City of Muskegon; and
WHEREAS, the Planning Commission held a public hearing on August 9, 2000 to consider the
petition and subsequently recommended the vacation; and
WHEREAS, due notice had been given of said hearing as well as the August 22, 2000 City
Commission meeting to consider the recommendation of the Planning Commission;
NOW, THEREFORE, BE IT RESOLVED that the City Commission deems it advisable for the
public interest to vacate and discontinue the alley;
BE IT FURTHER RESOLVED that the City Commission does hereby declare the west part only
(west of the west property lines of parcels #24-205-684-0004-00 and #24-205-684-0017-00) of the
said alley vacated and discontinued provided, however, that this action on the part of the City
Commission shall not operate so as to conflict _with fire access or the utility rights heretofore
acquired by the City or by any public service utility in the City of Muskegon, operating in, over
and upon said portion of alley hereby vacated, and it is hereby expressly declared that such rights
shall remain in full force and effect.
BE IT FURTHER RESOLVED that after any maintenance and repair by the City, the city shall
restore the disturbed area to the grade and paving in existence at the time of vacation. The City
shall not be responsible to replace special planting, landscaping, fences or any structure. No
structure shall be placed in the easement which, in the sole judgment of the City, will inte1fere with
the repair or maintenance of utilities in the easement, public or private.
Adopted this 22nd day of August, 2000.
Ayes: Spataro , Aslakson, Benedict, Nielsen, Schweifler, Shepherd , Sieradzk i
Nays: None
Absent: None
CERTIFICATION
I hereby ce1tify that the foregoing constitutes a hue and complete copy of a resolution adopted by
the City Commission of the City of Muskegon, County of Muskegon, Michigan, at a regular
meeting held on August 22, 2000.
Gail Kundinger,CMC/
Clerk, City of Muskegon
-❖-E
City of Muskegon
Planning Conmission
Case #2000-31 s
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Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 9, 2000
Hearing; Case 2000-31: Request for vacation of the east/west alley in Block 684
(bounded by Philo Ave., Grove St., LcTarte Ave., and Fountain St.), by Ronald Archer.
BACKGROUND
The proposed alley is located in Lakeside neighborhood, in the block bounded by Philo Ave.,
Grove St., Le Tarte Ave., and Fountain St. The eastern portion of the alley is graveled and
appears to be well-maintained. The western portion of the alley is not as well maintained.
The applicant surveyed all of the neighbors who adjoin the alley (see enclosed survey) and
most agreed. However, there is one home which does use the alley for access to their garage.
The Department of Public Works has no issues with water and sewer and is ok with vacating
the alley. The Fire Marshal is ok with vacating the western half of the alley, but requires that
the eastern half remain open due to the garage which needs access to the alley.
City of Muskegon Planning Commission - 8/9/00
Date: August 22, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: City- ESCO Agreement
Watermain Construction
SUMMARY OF REQUEST:
To approve the attached agreement with ESCO Company for the construction of a
new 12" watermain from the easterly end of Barney (about 540' east of Roberts) to
the Consumer's Energy easement to the north and to approve the attached
resolution authorizing the Mayor and City Clerk to sign the contract.
FINANCIAL IMPACT:
ESCO and the City will pay equal shares of the total project cost (engineering &
construction). The total cost is not expected to exceed $65,000.
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
To approve the attached resolution and to sign the agreement.
COMMITTEE RECOMMENDATION:
RESOLUTION 2000 -81 (d )
RESOLUTION FOR APPROVAL OF AN AGREEMENT CONTRACT AGREEMENT
BETWEEN THE ESCO COMPANY LIMITED PARTNERSHIP AND THE CITY OF
MUSKEGON FOR THE CONSTRUCTION OF A WATERMAIN BETWEEN
BARNEY AND THE CONSUMER ENERGY EASEMENT TO THE NORTH AND
AUTHORIZATION FOR MAYOR FRED J. NIELSEN AND CITY CLERK GAIL A
KUNDINGER TO EXECUTE SAID AGREEMENT.
Moved by Commissioner Shepherd and supported by
Commissioner_S_pa_t_a_ro_ _ _ _ _ _ _ _that the following Resolution be adopted:
WHEREAS, entry by the City of Muskegon into AN AGREEMENT between the THE
.
ESCO COMPANY LIMITED PARTNERSHIP AND THE CITY OF MUSKEGON FOR
THE CONSTRUCTION OF AWATERMAIN BETWEEN BARNEY AND THE
CONSUMER ENERGY EASEMENT TO THE NORTH Within the City is in the best
interests of the City of Muskegon.
RESOLVED, that entry by the City into Contract Agreement be and the same is hereby
·authorized and approved and,the Mayor and Clerk are authorized to execute said contract
for and on behalf of the City of Muskegon.
Adopted this 22nd day of Augu s t , 2000.
BY ~ • )';l..J..., I
FredJ.sen,May~r
ATTEST ~ Q -~~
Gail A. Kundinger,CityCl~rk
CERTIFICATION
This resolution was adopted at a meeting of the City Commission, held on
August 22 , 2000. The meeting was properly held and noticed pursuant to the Open
Meetings Act of the State of Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
By---=- ~
0.
~ .=....:........
- ~ - - - --- - ~ --.µ_)
- -'--
- -- , I ' -
GailA. ~erk
2000-81{d)
AGREEMENT FOR PUBLIC WATER MAIN AND EASEMENT
THIS AGREEMENT is effective August 22 , 2000, between the
CITY OF MUSKEGON, a Michigan Municipal Corporation, of933 Terrace Street, Muskegon,
Michigan 49440 ("City"), and ESCO COMPANY LIMITED PARTNERSHIP, a Michigan
limited partnership, of 1221 E. Barney, Muskegon, Michigan 49444 ("ESCO").
RECITALS
1. ESCO owns property in the City of Muskegon as described in annexed Exhibit A,
which shall be, in this Agreement, the burdened property upon which the easement ( one of the
subjects of this Agreement) shall be located.
2. The City operates and maintains a public water main in the following streets
adjacent to the ESCO property above described: Barney Street and Roberts Street.
3. ESCO is in need of increased capacity for City water and the parties have
determined that an increase in the size of the water lines serving ESCO, including public
water lines installed on its property in the easement, will benefit the public and additional users
of the City's water service in the vicinity.
AGREEMENT
THE PARTIES, INCORPORATING THE ABOVE RECITALS, HEREBY AGREE:
1. Grant of Easement. ESCO shall grant to the City an easement for the
installation, maintenance, operation, repair and removal of any utilities including the water line,
the subject of this Agreement. The easement shall be legally described as set forth in attached
Exhibit B. The easement shall be granted by ESCO and executed in the form of Utility Easement
attached as Exhibit C to this Agreement.
2. Construction by the City. The City shall construct a water main or mains,
known hereinafter as the" 12-inch loop," to serve ESCO and other properties.
3. Public Water Main. The water main to be constructed in the easement and in
any public right of way is determined and agreed by the parties to be a publicly owned, operated
and maintained water main. It will be built so as to afford a connection or connections to the
buildings on the ESCO property and serve other properties.
4. Allocation of Costs; Definitions. The parties agree that the cost of construction,
engineering and other costs concerning the public water main, and a determination of what
installations shall constitute the public water main, are as follows:
G:\COMMON\5\GTJIG-ESCO.AG - 1-
4.1 The public water main shall consist of the 12-inch main located on and
nearby the ESCO property, and the connection of the said main to any additional public or trunk
water mains of the City and the public right of way.
4.2 The public water main shall not include lines running from the said
12-inch looped main to any ESCO building or installation, or the connections to either the main
or the building or building water systems.
4.3 The cost, including engineering, design, construction, and incidental costs
of the public water main, as defined, shall be split equally between the City and ESCO, el!eept C/f2.
the City's skar.e shall ugt Gxeeed Thhty-twe The11sand Fi1te Hundred ($32,509) Dellms, aa9. fJ../'(!_
ESCO ~hall par or reiwhusc the balance of the sg!.ts. The costs shall not include any valuation"""·
of the land in the easement, which shall be contributed in addition by ESCO. ESCO shall
immediately remit to the City its full share of the said costs upon notice from the City that any
periodic payment and the final payment to any contractor, engineer, consultant or for any
incidental cost is due. The City shall perform the design and construction supervision
engineering "in house" and periodically inform ESCO of the cost for reimbursement in
accordance with this agreement.
4.4 Notwithstanding anything in this Agreement, upon selection of a bid to
perform the design, engineering and construction ~f the loop, the City will provide ESCO with a
copy of the bid for review. ESCO may, within ten days of receipt of the selected bid, notify the
City of its election not to participate in the cost of the line and to terminate this Agreement,
without further liability or obligation under this Agreement, except that ESCO shall, in such
case, reimburse the City for all amounts it has expended on the design of the 12" Loop. Failure
to deliver written notification of the election to the City within the ten days shall signify
acceptance of the bid by ESCO.
5. Right of Entry. ESCO grants to the City right of entry on all its lands in or
adjacent to the easement granted pursuant to this Agreement for the purpose of construction,
installation, maintenance and repair of the public water main.
6. Warranties and Subordination or Consent. ESCO warrants that it has good
and marketable title to the land where the easement is located as described on Exhibits A and B.
Further, ESCO shall cause any mortgagee, lienholder, or other party with an interest in the
property to subordinate its interest and consent to the City's priority title to the easement. The
City may procure title insurance on its easement interest at its cost.
7. Construction and Engineering. The City shall cause the design and engineering
of the 12-inch loop to be accomplished forthwith. It shall (ormulate and advertise for bids for
construction. It shall obtain and maintain, as City property, drawings both for design and "as
built," and shall supply copies of the same to ESCO. The contracts for construction shall adhere
to all City requirements, including prevailing wage, civil rights, non-discrimination, and other
requirements of the City.
G:ICOMMON\5\GT JIG-ESCO.AG -2-
8. Legal Status of the Water Main and Easement. The public water main shall be
owned and maintained by the City, which shall have the sole and exclusive right to operate,
repair, maintain and remove the said water main.
9. Indemnity. ESCO hereby agrees to indemnify the City from and against any and
all claims concerning the construction and installation of the water main or any activities in the
easement during construction.
10. Insurance. ESCO and the City shall be added to the commercial general liability,
automobile and other appropriate insurances, as normally required by the City of its contractors.
The construction contract shall so provide and copies of the contract and declarations of
insurance coverage shall be forwarded to ESCO promptly.
11. No Third Party Beneficiary. This Agreement shall benefit only the parties to
this Agreement, and not any third party.
12. Binding and Benefit. This Agreement shall be binding upon and inure to the
benefit of the respective parties, their affiliates, successors, personal representatives and assigns.
13. Michigan Law Applies. This Agreement shall be construed and enforced in
accordance with the laws of the State of Michigan applicable to contracts made and to be
performed within the State of Michigan. '
This Agreement is executed effective upon the date first above set forth.
CITY OF MUSKEGON,
a Michigan Municipal Corporation
By d-«•4 a;,Jl..c;t«.-
Fred J. Niel~ ~y/ _
By ~a-~~ r
Gail A. Kundinger, City Clerk
ESCO Company Limited Pa1tnership
a Michigan Limited Partnership
ByOOu.,4.,, diZ._,
Vte s:i~ \,\ t
Its
By s;i(~ ~
Its tJ,t pffe;e,4 /, ~i
G:\COMMON\5\GTJ\C-ESCO.AG -3-
EXIITBIT A
LEGAL DESCRIPTION OF GRANTOR'S BURDENED PROPERTY
Premises situated in the City of Muskegon, Muskegon County, Michigan, and legally described as:
The West 727.74 feet of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 33, Town IO
North, Range 16 West, except the North 33 feet and the West 33 feet thereof reserved for street right of
way, subject to use and zoning restrictions and utility easements.
Part of the Northwest 1/4 of the Southeast 1/4 and part of the Southwest 1/4 of the Northeast 1/4 of
Section 33, Town 10 North, Range 16 West, described as: Commence at the South 1/4 corner of said
Section 33; thence North 01°02'52" East, along the North/South Quarter line, a distance of2011.75 feet;
thence North 89°27'40" East, along the South line of the Northwest 1/4 of the Northwest 1/4 of the
Southeast 1/4 of said section a distance of233.0 feet; thence North 01°02'52" East, parallel with the
North/South Quarter line a distance of 33.01 feet to the point of beginning; thence continuing North
01 °02'52" East parallel with the North/South Quarter line a distance of 637.66 feet to a point of
intersection with the East/West Quarter line; thence North 01°00'40" East, parallel with the North/South
Quarter line a distance of 79. 74 feet; thence South 71 °06"53" East, along the Southerly right of way line
of Consumers Power Company a distance of288.83 feet; thence South 01°02'52" West, parallel with the
North/South Quarter line a distance of 621.31 feet; thence South 89°27' 40" West, along the North right
of way line of Barney Avenue, a distance of 275 feet to the point of beginning
Commencing at a point 33 feet North and 508 feet East of the Southwest corner of the Northwest 1/4 of
the Northwest 1/4 of the Southeast 1/4, Section 33, Town IO North, Range 16 West; thence North 621.59
feet to the Southerly line of Consumers Power Company right of way, thence Southeasterly along said
right of way 866.09 feet, thence South 458.50 feet, thence Northwesterly 586.01 feet to the North line of
Barney, extended, thence West 252.00 feet to the point of beginning.
G:\COMMON\S\GTJ\C-RLESl\lJTILnY.EAS
EXHIBITB
LEGAL DESCRIPTION OF THE EASEMENT
WA TERMAIN EASEMENT FOR THE CITY OF MUSKEGON FROM THE ESCO COMPANY OVER
A STRIP OF LAND 10.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE: COMMENCE AT THE SOUTH WEST CORNER OF THE NORTH WEST QUARTER OF THE
NORTH WEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 33, TOWN 10 NORTH,
RANGE 16 WEST, IN THE CITY OF MUSKEGON, THENCE NORTH 89 DEGREES 31 MINUTS 25
SECONDS EAST ALONG THE EAST WEST QUARTER LINE OF THE NORTH WEST QUARTER
OF THE SOUTH EAST QUARTER OF SAID SECTION 33,539.45 FEET, THENCE SOUTH 01
DEGREE 07 MINUTS WEST 10.00 FEET FOR POINT OF BEGINNING, THENCE NORTH I DEGREE
07 MINUTS EAST 147.99 FEET, THENCE NORTH 89 DEGREES 31 MINUTS 25 SECONDS EAST
201.81 FEET, THENCE NORTH 07 DEGREES 09 MINUTS 20 SECONDS EAST 411.81 FEET MORE
OR LESS TO THE SOUTH LINE OF CONSUMER ENERGY RIGHT OF WAY FOR POINT OF
ENDING.
- - - - - - CENTER LINE OF ROBERTS ST, AND
N,S, 1/4 UNESECTION33 T,10 N. R,18 W.
' - - - - - - SOUTH Vi/EST CORNER OF N,W, 1/4 OF N.W. 1/4 OF
S.E.1/4 SECTION 33 T. 10 N. R.16 W.
WA TERMAIN EASEMENT FOR THE ClTY OF MUSKEGON FROM IBE ESCO COMPANY OVER
A STRIP OF LANO 10.0 FEET ON EllHER SIDE OF TIIE FOLLOWING DESCRIBED CENTER
LINE: COMMENCE AT rnE SOUTI-l WEST CORNER OF 1lffi NORnt WEST QUARTER OF 1lffi
NORTH WEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 33, TOWN 10 NORTH,
RANGE 16 WEST, TN THE CITY OF MUSKEGON, TI-JENCE NORTH 89 DEGREES 31 MINUTES 25
SECONDS EAST ALONG THE EAST WEST QUARTER LINE OF THE NO Rm WEST QUARTER
OF THE SOUTH EAST QUARTER OF SAID SECTION 33, 539.45 FEET, THENCE SOUTII 01
DEGREE 07 MINUTES WEST 10.00 FEET FOR POINT OF BEGINNING, TIIENCE NORTH I
DEGREE 07 MINtrTES EAST 147.99 FEET, TIIENCE NORTH 89 DEGREES JI MINUTES 25
SECONDS EAST 201.81 FEET, THENCE NORTH 07 DEGREES 09 MINUTES 20 SECONDS EAST
411.81 FEET MORE OR LESS TO TifE SOUTH LINE OF CONSUMER ENERGY RIGHT OF WAY
FOR POINT OF ENDING.
CENTER LINE OF BARNEY AVE.
EAST WEST QUARTER LINE OF N.W. 1/4 OF S.E.1/4
SECTION 33 T.10 N. R, 18 W•
.,_._ _ _ SOUTH 1 DEGREE 07 MINUTES WEST 10.0 FEET
J
~ - - - NORTH 1 DEGREE 07 MINUTES EAST 147.99 FEET
~ - - - NORTH, 89 DEGREE 31 MINUTES 25 SECONDS EAST 201.81 FEET
PROP.20FOOTWATERMAlN EASEMENT
.
- E.S'>JUt§§
-----ST - - -
PROPOSED WATERMAIN EASEMENT MAP FOR ESCO
EXHIBIT C
UTILITY EASEMENT
THIS AGREEMENT is made this Jdd
day of /Jv.
ti s f- , 2000 between ESCO
Company Limited Partnership, 1221 E. Barney Avenue, Muskegon, Michigan 49444, as Grantor, and the
CITY OF MUSKEGON, a Michigan municipal corporation, of 933 Terrace Street, Muskegon, Michigan
49440, Grantee.
1. RECITALS:
1.1 Grantor has an interest in certain real property. located in the City of Muskegon, County of
Muskegon, and State of Michigan. Grantor is willing to grant and convey to the Grantee an Easement for the
purposes and upon the terms and conditions hereinafter set forih over and across that portion of the land owned
by Grantor ("Burdened Property," described in Exhibit A, attached).
2. AGREEMENT
2.1 Grantor, for and in consideration of the sum One Dollar ($1) the receipt whereof is hereby
confessed and acknowledged does by these presents convey and quit claim to Grantee and its successors and
assigns, forever, or unless abandoned by the Grantee, a permanent, non-exclusive Easement and right for a
public water line and related utilities installed or permitted by Grantee, to enter upon the Easement, to construct,
operate, maintain, repair, inspect, replace, improve, and remove the said utilities.
Also, conveying the right, from time to time, and at no additional cost to Grantee, to cut, trim,
remove, destroy, or otherwise control any trees, brush and other vegetation now or hereafter standing or growing
upon the Easements, provided reasonable replanting of grass or acceptable ground cover shall be required, and
the opening, closing and repair of any necessary excavation for the said purposes.
The legal description of the Easement granted by this instrument is set forth in Exhibit B,
attached.
THE GRANTEE AGREES:
2.2 Any construction, maintenance, or replacement shall be performed by Grantee so as not to
unreasonably interfere with the use of land in which the Easements are located. Upon completion of the
construction, maintenance, replacement or repairs, Grantee will restore the Easement to the same condition as it
G:\COMMON\S\GTJ\C-RLEST\UTILITV.EAS Page 1
was prior to such construction, maintenance, replacement or repairs and without cost to the Grantor. The
Grantee shall cooperate with the Grantor to cause the least inconvenience to Grantor during such construction,
maintenance, alteration, and repairs and complete such work as soon as reasonably possible.
3. MISCELLANEOUS
3.1 The Grantor retains all other property rights in the Easement, including but not limited to, the
right to utilize the property to construct thereon parking lots, fill and environmental capping, sidewalks,
driveways, curbs, gutters and landscaping. Grantor shall not construct any buildings or other temporary or
permanent improvements within the Easement which would in any way interfere with Grantee's rights set forth
herein.
3.2 The benefits herein shall accrue to and the obligations hereof shall bind the successors and
assigns of the respective parties.
IN WITNESS WHEREOF, the Grantor has caused this instrument to be executed as of the year and day
first above written.
WITNESSES: GRANTOR: ESCO COMPANY LIMITED PARTNERSHIP
~~✓ B y ~ . ,-,., .CfJ.~
Its ffc.r 1~n. t=
By dR,~~$L
Its -..C.,ll<....l,..,__I?
~. -=0,_,__:,&-=~=t!:.=t4:.,_l,~/{i>
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__.!::_
>_ _ _ _ _ _ _ _ __
WITNESSES: GRANTEE: CITY OF MUSKEGON
dun/;i l> ~ -
G:ICOMMON\5\GTJ\C-RLESl\UTILITY.EAS
Page 2
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing Utility Easement was acknowledged before me this 1
111 day ofBurovsr ,2000,
by lsQ.vcE R...r:ee- and RVr:'1 KllY-' }(__ , the
J>W T:t}f-N C and UP 1 0[>c{4,f-@N .i' , of ESCO Company Limited
Partnership, on behalf of the partnership.
'
Notary Public, Muskegon CountY., Mi/ ;gan
My Comm. Expires: 0..3 /J&, 2Do tj
STATE OF MICHIGAN
COUNTY OF MUSKEGON
The foregoing Utility Easement was acknowledged before me this dlfl, day ofAu
e u ..s f , 2000, by
FRED J. NIELSEN and GAIL A. KUNDINGER, the Mayor and City Clerk, respectively, ~ the CITY OF
MUSKEGON, a Michigan municipal corporation, on behalf of the corporation.
cddid¼
L//ldC(
~
S. /Jort-rr
r ~
Notary Public, Muskegon County, Michigan
My Comm. Expires: 7- ,:) J-- O ,~
Prepared By:
G. Thomas Johnson
Parmenter O'Toole
P.O. Box 786
Muskegon, MI 49443-0786
After Recording Return To:
City of Muskegon
933 Terrace
Muskegon, MI 49442
G :\COMMON\51GTJ\C-RLES1\UTILl1Y.EAS Page 3
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR'S BURDENED PROPERTY
Premises situated in the City of Muskegon, Muskegon County, Michigan, and legally described as:
The West 727.74 feet of the South 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 33, Town 10
North, Range 16 West, except the North 33 feet and the West 33 feet thereof reserved for street right of
way, subject to use and zoning restrictions and utility easements.
Part of the Northwest 1/4 of the Southeast 1/4 and part of the Southwest 1/4 of the Northeast 1/4 of
Section 33, Town 10 North, Range 16 West, described as: Commence at the South 1/4 corner of said
Section 33; thence North 01°02'52" East, along the North/South Quarter line, a distance of2011.75 feet;
thence North 89°27'40" East, along the South line of the Northwest 1/4 of the Northwest 1/4 of the
Southeast 1/4 of said section a distance of233.0 feet; thence North 01°02'52" East, parallel with the
North/South Quarter line a distance of 33.01 feet to the point of beginning; thence continuing North
01 °02'52" East parallel with the North/South Quarter line a distance of 637.66 feet to a point of
intersection with the East/West Quarter line; thence North 01°00'40" East, parallel with the North/South
Quarter line a distance of 79. 74 feet; thence South 71 °06'53" East, along the Southerly right of way line
of Consumers Power Company a distance of 288.83 feet; thence South 01 °02'52" West, parallel with the
North/South Quarter line a distance of 621.31 feet; thence South 89°27' 40" West, along the North right
of way line of Barney Avenue, a distance of 275 feet to the point of beginning
Commencing at a point 33 feet North and 508 feet East of the Southwest corner of the Northwest 1/4 of
the Northwest 1/4 of the Southeast 1/4, Section 33, Town 10 North, Range 16 West; thence North 621.59
feet to the Southerly line of Consumers Power Company right of way, thence Southeasterly along said
right of way 866.09 feet, thence South 458.50 feet, thence Northwesterly 586.01 feet to the North line of
Barney, extended, thence West 252.00 feet to the point of beginning.
G:\COMMON\5\GTJ\C.RLESnUTILITY .EAS
EXIIlBITB
LEGAL DESCRIPTION OF THE EASEMENT
WA TERMAIN EASEMENT FOR THE CITY OF MUSKEGON FROM THE ESCO COMPANY OVER
A STRIP OF LAND 10.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER
LINE: COMMENCE AT THE SOUTH WEST CORNER OF THE NORTH WEST QUARTER OF THE
NORTH WEST QUARTER OF THE SOUTH EAST QUARTER OF SECTION 33, TOWN 10 NORTH,
RANGE 16 WEST, IN THE CITY OF MUSKEGON, THENCE NORTH 89 DEGREES 31 MINUTS 25
SECONDS EAST ALONG THE EAST WEST QUARTER LINE OF THE NORTH WEST QUARTER
OF THE SOUTH EAST QUARTER OF SAID SECTION 33, 539.45 FEET, THENCE SOUTH O1
DEGREE 07 MINUTS WEST 10.00 FEET FOR POINT OF BEGINNING, THENCE NORTH 1 DEGREE
07 MINUTS EAST 147.99 FEET, THENCE NORTH 89 DEGREES 31 MINUTS 25 SECONDS EAST
201.81 FEET, THENCE NORTH 07 DEGREES 09 MINUTS 20 SECONDS EAST 411.81 FEET MORE
OR LESS TO THE SOUTH LINE OF CONSUMER ENERGY RJGHT OF WAY FOR POINT OF
ENDING.
CENTER LINE OF ROBERTS ST. AND
N.S.1/4 LINE SECTION 33T.10 N. R.16W.
' - - - - SOllTH ~ST CORNER OF N.W.114 OF N.W. 1/4 OF
S.E.1/4 SECTION 33 T. 10 N. R.115 W.
WA TERMAIN EASEMENT FOR nm CITY OF MUSKEGON FROM TIIE ESCO COMFANY OVER
A STRIP OF LAND 10.0 FEl!TON ErrnER SIDE OF TIIE FOLLOWING DESCRIBED CENTER
LINE: COMMENCE AT nm so urn WEST CORNER OF nm NORlll WEST QUARTER OF nm
NORlH WEST QUARTER OF nm sourn EAST QUARTER OF SEenON 33, TOWN 10 NORn!,
RANGE 16 WEST, INIBECllYOFMUSKEOON, IBENCENORTI{ 19 OEGREES31 MINUmS2S
SECONDS EAST ALONG THE EAST WEST QUARTER UNE OF THE NORnt WEST QUARTER
OF nJE SOUTH EAST QUARTER OF SAID SECTION 33, 539.45 FEET, THENCE SOUTH 01
DEGREE 07 MrNUTES WEST 10.00 FEET FOR POINT OF BEGrNNINO, THENCE NO RIB I
DEGREE 07 MrNUTES EAST 147,99 FEET, IBENCE NORll-1 89 DEGREES 31 MrNlJ'leS 25
SECONDS EAST 201.8 I FEET, TifENCE NORTH 07 DEGREES 09 MINUTES 20 SECONDS EAST
411.SI FEET MORE OR LESS TO nrn SOUTH LJNE OF CONSUMER ENERGY RIGHT OF WAY
FOR POINT OF ENDfNO.
, , , - - - - CENTER LINE OF BARNEY AVE.
EAST WEST QUARTER LINE OF N.W,1/4 OF S.E.1/4
SECTION 33 T.10 N. R.16 W.
't------SOUTH 1 DEGREE 07 MINUTES WEST 10.0 FEET
.J
~ - - - NORTH 1 DEGREE 07 MINUTES EAST 147.99 FEET
---NORTH,89 DEGREE 31 MINUTES 25 SECONDS EAST 201.81 FEET
, , , - - - - PROP. 20 FOOT WATER MAIN EASEMENT
- _ POINT OF ENDING
NORffl7DEGREE---
- - '!!!.Bf ,:,:gg~llTEs20Secc,W>°r-c.',__ ·
---"l&L.~&.Pfilu ~~, - - -
. ----·-·- ---
PROPOSED WATERMAIN EASEMENT MAP FOR ESCO
COATE: August 10, 2000
TO: Honorable Mayor and City Commissioners
FROM: Inspection Services Department
RE: Concurrence with Housing Board of Appeals Finding and Order
For case #00-24, aka, 350 Bauer
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the Housing
Board of Appeals that he structure located at 350 Bauer and legally described as
LOT 5 BLK 268 is unsafe, substandard and a public nuisance and that it be
demolished within thirty (30) days.
II is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT:
The cost of the demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION/HISTORY OF PROPERTY
This Commercial Garage is located on Bauer near Spring Street. The last known
owner is Jim Bauer of 3023 Henry St., Muskegon, Ml.
A Notice and Order was sent out on 3/29/00. A permit was pulled on 5/4/00 before
the Housing Board of Appeals meeting. Mr. Bauer requested 60 days to complete
repairs and the Board agreed to give him the time to complete the repairs. The
case was revisited by the HBA on 7/6/00 due to no progress being made. To this
date, there has been no contact from the owner and the condition of the property
remains in the same dangerous condition.
Attached are copies of the following: minutes to the HBA 5/4/00 & 7/6/00
meetings, finding of facts dated 5/8/00 & 7/10/00; notice of hearing dated 5/1/00 &
6/23/00; notice and order dated 3/31/00 and the dangerous building inspection
report dated 3/29/00
The estimated cost to repair the structure is: $10,000.00
c
-...
'-.....__-
,tl'SKEGO'.'i HOUSl:\G BOARD OF APPEALS PAGE30F9
,1EETl:\G :\11:\UTES JULY 6, 2000
REVIEW CASES /CONTINUED):
#00-24-350 Bauer Ave - Jim Bauer, 3023 Henry Street, Muskegon Ml
The owner and/or a representative of the property did not attend the meeting. Mr.
Grabinski reminded the board that at the May Meeting Mr. Bauer attended and they
granted him 60 days to complete repairs and pull a permit. According to the staff, a
permit was pulled, however no repairs have been completed as far as they can see
and no inspections have been scheduled. When permits are issued, work can not
cease for a 30-day period. Staff recommended to declare structure(s) unsafe,
substandard, a public nuisance and forward to the City Commission for concurrence.
Randy Mackie, supported by John Warner, made a motion to accept staff's
recommendation. A roll call vote was taken.
AYES: NAYS: EXCUSED ABSENT:
Greg Borgman
John Warner
Randy Mackie
Jerry Bever
Rev. Anderson
Clint Todd
Mayor Nielsen
The motion Carried.
8-50- 388 CATAWBA- MARK HIMES, SPRING LAKE Ml.
The own nd/or a representative of the property did not at the meeting.
Grabinski in ed the Board that there has been no co ct with the owner and the
staff has not see ny change in the property. Staff ommended to declare
unsafe, substandar
AYES: EXCUSED ABSENT:
Greg Borgman
John Warner
Randy Mackie
Jerry Bever
Rev. And
Clint T a
Ma Nielsen
emotion Carried.
F: Inspections BAUMA:-;'.Cathy' HBA ~IEETl'.\GS'.MINUTES 7-6-00.doc
\f.'lrmathe A.:1ion
~.l, I 7!.J...670J
F.1...x:n:z-121-t MUSKEGON
.-\Hesrnr
2Jl.1?24-6708
FAX.'726-5181
Cemetery
231/724-6783
FAX/726-5617
Chil Ser.ice
231/724-6716
FAxn24-440S West Michigan's Shorelloe aty
Clerk
231/714-6705 MUSKEGON HOUSING BOARD OF APPEALS
FAX1724-4178
Comm. & Neigh. DATE: July 10, 2000
Ser.ices
231/724-6717 CASE: #00-24 - 350 Bauer, Muskegon MI
FAX1726-2501
Engineering Mark Himes
231/724-6707
FAxn27-6904
Himes Home Improvement
15948 Wood Lawn Ave
Finance
231/724-6713 Spring Lake MI 49456
F Axn24-6768
Fire Dept. FINDING OF FACTS AND ORDER
23 l/724-6792
FAX/724-6985
The following action was taken at a session of the Muskegon Housing Board of Appeals
Income Tax
231/724-6770 held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on July 6, 2000.
F AX/724-6768 The Inspections Services Department of the City of Muskegon, having inspected the
Info. Systems building structure located upon the property described as Lot 5. Blk 268, also know as, 350
231/714-6744
FAX1722-4301
Bauer, found the conditions listed on the attached pages exist and that these conditions are
hazardous as defined in Section 4-23 of the Code of Ordinances.
Leisure Service
231/724-6704
FAX/724-1196 The Board further found that these conditions exist to the extent of endangering life, safety
Manager's Office and the general welfare of the endangering life, safety and the general welfare of the public.
231/724-6724
FAX/722-1214
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
Mayor's Office
231/724-6701 declared to be unsafe, substandard and a public nuisance.
FA.X/722-1214
Inspection Ser.ices It is, further ordered that if the owners or other interested parties fail to repair of remove said
231/724-6715
FAX1726-2501
structure, or appeal this order within 20 days of the receipt of this order, the Building
Official shall take bids and remove said structure. \
Planning/Zoning
231/724-6702
FAX/724-6790
Pollce Dept.
231/724-6750
FAX/722-5140
Public Works
231/724--4100
FAX1722-4188
Treasurer
231/724-6720
FAX/724-6768
Water Bllllni Dept
231/724-6718
F AX/724-6768
Water Flltratlon
231/724-4106
FA..'sessor
lJl/724--6708
f.-\X/726--5181
Cemetery
231/724--6783
FAxn26--S617
CMI Servtce
231/724--6716
F AX/724-M0S Wt'St Michigan's Shorellne Oty
Clerk
23J/724--670S
FAX/724-4178
CITY OF MUSKEGON
Comm. & Neigh.
Services
231/724-6717 NOTICE OF HEARING ON
FAX/726--2501 DANGEROUS AND UNSAFE CONDITIONS
Engineering:
231/724-6707
FAX1727-6904
Finance
231/724-6713 June 23, 2000
FAX/724-6768
Flre Dept. Jim Bauer
231/724--6792
FAX/724-6985
3023 Henry Street
Muskegon MI 49441
Income Tax
231/724-6770
F AX/724-6768 SUBJECT: Dangerous Building Case# 00-24-350 Bauer, Muskegon MI.
Info. Systems
231/7~4-6744
FAX/722-4301
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on Thursday. July 6. 2000 at 5:30 P.M. in the Muskegon City
Leisure Service
231/724•6704 Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
FAX/724-1196 determining whether the structure should be demolished or otherwise made safe.
Manager's Office
231/724-6724 Officials from the Inspection Services Department have inspected the structure and it is
FAX/722•1214
alleged that it has defects as listed on the attached page(s).
Mayor's Office
231/724-6701
FA.X/722·1214 The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Inspection Services dangerous buildings.
231/724-6715
FAX/726--2501
At the hearing, the Inspection Services Department will present testimony regarding the
Planning/Zoning
231/724--6702
alleged defects. You are advised that you or your representative may cross examine the
F AX/724-6790 City's witnesses and you may present testimony in your own behalf and call witnesses in
Pollce Dept.
your own behalf. We encourage you to attend the meeting since it is always better if
231/724--6750 someone is available to answer any questions the Board may have.
FAX1722-5140
PubUc Works
231/724-4100
Inspection Services
FAX1722-4188 City of Muskegon
Treasurer
231/724-6720
F AX/724-6768
Water BIUlng Dept.
231/724-6718
F AX/724-6768
Water Filtration
231/72-4--4!06
FAX/755--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
I
USKEGON HOUSING BOARD OF APPEALS
A L 6, 2000 MEETING MINUTES
1349 Arthur (garage). - John Tomas, 1349 Arthur, Muskego
Randy asked e owner is in attendance to step forward at the · ophone. The owner or a
representative o owner was not in the attendance. Grab' informed the board of the
repairs needed on th cture, which is listed on the d erous building inspection report. a
notice and order was se ut on 3/31/00 to repair emolish the structure in 30 days and there
has been no contact with th ce and order. Staff recommended to Declare a
AYES: ABSENT:
Randy Mackie
Fred Neilson
JohnW
Case# 00-24 - 350 Bauer - Jim Bauer 1396 Pine, Muskegon MI
Mr. Bauer was not in attendance because Bob Grabinski told him he would represent him to the
board. Grabinski informed the board that Mr. Bauer came to the office to pull a permit to make
the repairs. An extension was requested. Bob stated that the staff recommended to extend for
sixty days. If repairs are not complete and an inspection is not completed in 60 days, to bring the
case back for review at the July 6, 2000 meeting. Nielson made a motion, supported by John
Warner to accept the staffs recommendation. A roll call vote was taken.
AYES: NAYES: EXCUSED: ABSENT:
Randy Mackie Greg Borgman
Fred Nielsen Clint Todd
William Anderson
John Warner
The motion carried.
4
ffi -\,;thin
OJ
.J..X./7. _ ~I~
..\~,n"ir
~.11 ~~~-<,708
F \.X 7.!6-5181
Cemetery
2J1n24--6783
FAxn26-5617
Clvtl Sen1ce
231n24--67t6
FAX/724-4405 West Mlcblgan's Sborellne City
Clerk
231/724--6705
FAX/724--4178
Comm. & Neigh,
Services May 8, 2000
231/724--6717
FAX/726-2501
Engineering
231/724--6707 Jim Bauer
FAX/727-6904
Muskegon Monument & Stone
Finance 3023 Henry Street
231/724--6713
FAX/724--6768 Muskegon MI 49441
Fire Dept.
231/724-{;792 Dear Property Owner:
F AX/724-6985
Income Tu:: Subject: Dangerous Building Case #00-24 - 350 Bauer
231/724-6770
FA.X/724-{;768
FINDING OF FACTS & ORDER
Info, Systems
231/724--6744
FAX/i22-4301 At the May 4, 2000 meeting of the Muskegon Housing Board of Appeals, it was agreed by
Leisure Service the Board to grant Case #00-24 - 350 Bauer until July 3, 2000 to complete all repairs. If
231/724-f.704
FAX/724-1196
repairs are made and final inspections are completed within the agreed upon timetable you
will not have to come back to the Housing Board of Appeals. If repairs are not complete
Manager's Office
231/724--6724
and an inspection has not been scheduled, this case will be heard before the Board again on
FAxnll-1214 July 6, 2000.
Mayor's Office
~~
2)1/724-6701
FA..X/722-1214
Inspection Servicu
231/724--6715
FAX/726-2501
Planning/Zoning Robert Grabinski
231/724-6702 Fire Marshal/Inspection Services
FAX/724--6790
Police Dept.
231/724--6750
FAX/722-5140
PubUc WorkJ
231/724--4100
FAX/722-4188
Treuurer
2)1/724--6720
FAX/124--6768
Water Billing Dept.
231/724-f.718
F AX/724--6768
Water FUlratlon
lll/724-1106
FAX/755--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
BUILDING PERMIT APPLICATION
CITY OF MUSKEGON No. C) '° --Oc/1 7
JOB ADDRESS <., 33 0 6::)o._\..,\....-C__., '----- LOT_ _ _ BU< _ _ _ TRACT _ _ __
OWNE~ Cxu(, g A MAJLAOOAESS_...@Ji~'=~"=""cb;c:5":'-r_~........,~.,.._.=1)~----- PHONE _ _ _ _ _ __
CON. N E fY7 ,1 fY\.-8--A. < MAJLAOOAESS _ _ _ _ _
~§3¥:½-f\
-ld--+t------- PHONE _ _ _ _ __
ARCHITECT OR DESIGNER _ _ _ _ _ _ _ ADDRESS _ _ _ _ _ _ _ _ PH _ _ _ LICI _ _ EXP _ __
LICENSE NUMBER EXPIRATION DATE
FEDERAL EMPLOYER IOIOR REASON FOR EXEMPTION _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
WORKERS COMP. INSURANCE CARRIER OR REASON FOR EXEMPTION _ _ _ _ _~ - - - - - - - - - - -
MESC EMPLOYER I OR REASON FOR EXEMPTION._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
ALL CONTRACTOR INFORMATION REGISTERED WITH THE CITY OF MUSKEGON YES O NO 0
CLASS OF WORK NEW ADDITION O ALTERATION O REPAIR 0
RESIDENTIAL"-n=, COMMERCIAL O INDUSTRIAL O OTHER _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
1Z lM{M ~:4~ - 9?:vR°!1
SPECIAL CONDITIONS ------,,.,..---------+-------.,.-,-----,-,----,-------
DESCRIBE WORK
~
_
,'fi'-~«±~~
USE OF BUILDING,_ _ _ _ _ _ _ _ _ _ _ _ _ _
A
--11J,rvL ~~,__£.i) &-
CHANGE USE TO _ _ _ _ _ _ _ _ _ _ _ __
STARTING DATE _ _ _ _ _ DATE READY _ _ _ _ ,.,.,-..,...,,......='<'M'"""'=-n,,,....,.,,-----------,
INSPECTION REPORTS
DATE REMARKS INSP.
CALL ADMINISTRATIVE AUTHORITY A MINIMUM OF
24 HOURS PRIOR 10 INSPECTION
SPE•JIAI. CONIJITION: POUR NO CONCRETE UNTL FOAMS ARE APPROVED
Type of Conat._ _ Occupancy Group_ _ Division_ _
No. of Dwelling Unite _ _ Parking spaoea _ _ Barnt_ _
PP. APPROVED BY PLANS CK BY APPROVED FOR ISS. BY Front Yard _ _ _ Side Yard_--:: Rear Yard _ __
Uae Zone_ _ _ _ _ Fire S
Speclal Zoning ----~&-~----'-"-,i,'r--
NOTICE Footlng Type._ __
SEPARATE PERMITS ARE REQUIRED FOR PLUMBING, HEATING, VENTILATING Foundation Wall__
OR AIR CONDITIONING. THIS PERMIT BECOMES VOID IF WORK OR Floor System_ __
CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 30 DAYS OR IF
CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR A PERIOD Roof System_-_ _
OF 30 DAYS AT ANY TIME AFTER WORK IS COMMENCED. I HEREBY CERTIFY Exterior Wall Syslem,_ __,.
THAT I HAVE READ ANO EXAMINED THIS APPLICATION ANO KNOW THE SAME
TO BE TRUE' ANO CORRECT. I.LL PROVISIONS OF LAWS ANO ORDINANCES Chimney Type,_ _ _ _-"!
GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHE'THER Heating Type,_ _ _ _ _...:
SPECIFIED HEREIN DR NOT. THE GRANTING OF A PERMIT DOES NOT
PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF TOTAL PERMIT FEE IS DOUBLED IF WORK IS
ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE
PERFORMANCE OF CONSTRUCTION. STARTED BEFORE PERMIT IS APPLIED FOR
• SECTION 23a OF THE STATE CONSTRUCTION CODE ACT OF 1972, ACT NO. 230 OF THE PUBLIC ACTS OF
1972, BEING SECTION 125.1523a OF THE MICHIGAN COMPLIED LAWS, PROHIBITS A PERSON FROM
CONSPIRING TO CIRCUMVENT THE LICENSING REQUIREMENTS OF THIS STATE RELATING TO PERSONS
WHO ARE ABLE TO PERFORM WORK ON A RESIDENTIAL BUILDING OR A RESIDENTIAL STRUCTURE.
VIOLATORS OF SECTION 23a ARE S BJECT TO CIVIL FINES. NOTE TO HOMEOWNERS {WHEN NO OTHER
CONTRACTOR ASSISTANCE IS BEING SEO), UN R SON FOR EXEMPTION STATE THAT YOU ARE THE
HOMEOWNER AND WILL BE DOING THE ~REK;c.¼2=~:____ _
SIGNATURE OF A P P L I C A N T - , . L - ~ r - - - - - - - - - - - - - - DATE , 5-L/-o.:J
WHITE - INSPECTOR PINK - ASSESSOR GOLD-AUDIT
'1rmath-e .-\~tlon
/H--6703
,\X,·72:?•l!H
Assessor
Dt.724--6708
F.-\Xli:?6--5181
Cemetery
n1n24--o733
FA:;L;
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:\Il'SKEGO:\ HOt;SL\G BOARD OF APPEALS PAGE 4 OF9
:\IEETl'.'iG :\11'.'il'.TES Jl'L Y 6, 2000
NEW CASES:
#00-30 -1328 PALMER (GARAGE)- PAUL V JOHNSON - MUSKEGON Ml
Grabinski briefed the Board on the case. This has been a neighborhood complaint
from Nims Neighborhood Association. A Notice and order was sent on 3/31/00 and
to this date there has been no contact from the owner. The staff recommends to
declare the structure(s) unsafe, substandard, a public nuisance and forward to the
City commission for concurrence.
Randy Mackie, Supported by John Warner, made a motion to declare the
structure(s) unsafe, substandard, a public nuisance and forward to the City
Commission for concurrence. A roll call vote was taken.
AYES: NAYS: EXCUSED ABSENT:
Greg Borgman
John Warner
Randy Mackie
Jerry Bever
Rev. Anderson
Clint Todd
Mayor Nielsen
The motion Carried.
0-31 -1086 SANFORD-THOMAS BOWNE, TWIN LAKE, Ml
er, Mr. Bowne, attended the meeting. Mr. Kenne nd Mr. Scott Johnson,
who are terested parties of the property, also atten he meeting.
Grabinski info ed the Board that a notice a rder was sent on 4/5/00 and that
there had been n ontact with the owner his is not a bad house and it can be
repaired but we nee omebne to co orward and say they are going to complete
the repairs, take out all ermits and have inspections done.
oard how he had talked with Jerry McIntyre
regarding the items tha eon t inspections report that need to be wrapped up.
es to show s e of the progress that has been made.
een no permits applied for or issued
for the wor at has been done. He recom ded that Mr. Bowne come get
give a reasonable time plan for the c letion of the work.
1:ly Mackie, supported by John Warner, made a mo · n to give the owner time to
mplete the repairs, turn in a work schedule, apply for al cessary permits and
have inspections completed.
F:\lnspections BAC~IA:--:'Cathy'.HBA MEETl:--:GS' :\11:--:L'TES 7-6-00.doc
.~ffirmatlve Action
1Jl17U-6703
FAX/722-121-t MUSKEGON
Assessor
231/724-6708
FAX/126-5181
Cemetery
231/724-6783
FA..X/126-5617
Civil Service
FILE Copy
231/724--6716
FAX17244405 West Mkblgan's Sborellne (lty
Clerk
231/724-670S MUSKEGON HOUSING BOARD OF APPEALS
FAX11244178
Comm. & Neigh, DATE: July I 0, 2000
Services
231/724-6717 CASE: #00-30 - 1328 Palmer (Garage), Muskegon MI
FAXn26-lS0I
Engineering Paul V Johnson
131/724-6707
FA:xn27-6904
1328 Palmer
Muskegon MI 49441
Finance
131/724--6713
FAX/724--6768 FINDING OF FACTS AND ORDER
Fire Dept.
231/724--6792
FAX/724--6985
The following action was taken at a session of the Muskegon Housing Board of Appeals
held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on July 6, 2000.
Income Tax
231/724-6770 The Inspections Services Department of the City of Muskegon, having inspected the
FAxn24--6768 building structure (Garage) located upon the property described as North East 5 ft of
Info. Systems Southeast 93 ½ ft Lot 18 and South West 36 ft of Southeast 93 ½ ft Lot 19 and
23 I /724--67 44
FAX1722-4301
Northwest 20 ft of Palmer Boulevard a butting same Block 496, also know as, 1328
Palmer (Garage). found that the conditions listed on the attached pages exist and that these
Leisure Service
231/724-6704 conditions are hazardous as defined in Section 4-23 of the Code of Ordinances.
FAX/724-1196
Manager's Office The Board further found that these conditions exist to the extent of endangering life, safety
231/724-6724 and the general welfare of the endangering life, safety and the general welfare of the public.
FAX/722-1214
Mayor's Office
231/724--6701 Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure is
FA..X/722-1214 declared to be unsafe, substandard and a public nuisance.
Inspection Services
231/724-6715
FAXn26-lS0I
It is, further ordered that if the owners or other interested parties fail to repair ofremove said
structure, or appeal this order within 20 days of the receipt of this order, the Building
Planning/Zoning
231/724-6702
Official shall take bids and remove said structure.
F AX/724-6790
Police Dept.
231/724--6750
FAX1722-5140
Public Works
231/7244100
FAX/712-4188
Treasurer
?Jl/724--6720
FAXnl4-6768
Water Billing Dept,
231/724--6718
FAX/714--6768
Water Filtration
231/7244106
FA.'<1155--5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, l\11 494H-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
-\ffirmith·e A.:llon
1J1 7?4-0'.'0J
F.\'("!!!-1214
\ncssor
13 I. 7?4-6'.'08
FAX, 726-5181
Cemetery
2Jln24-678J
FA.X/726-5617
Ch'll Service
2Jln24-6716
F AXn24-W05 West Michigan's Sborellne Oty
FILE Copy
Clerk
231/724-6705
FAX/724-4178
CITY OF MUSKEGON
Comm, & Neigh,
Senices
231/724-6717 NOTICE OF HEARING ON
FAX/726--2501
DANGEROUS AND UNSAFE CONDITIONS
Engineering
231/724--6707
FAX/727-6904
Finance
231n24-6713 June 23, 2000
F Axn24-6768
Fire Dept. Paul V Johnson
231/724-6792
FAX1724-6985 1328 Palmer Aw:
Muskegon MI 49441
Income Tu:
231/724-6770
F Axn24--6768
SUBJECT: Dangerous Building Case# 00-30- 1328 Palmer (Garage), Muskegon MI.
Info. Systems
231/714-6744
FAX/722-4301 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on Thursday, July 6, 2000 at 5:30 P.M. in the Muskegon City
Leisure Sen-lee
231/724-6704 Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
FAX1724-1196 determining whether the structure should be demolished or otherwise made safe.
Manager's Office
231/724-6724
FAX/72z.t214
Officials from the Inspection Services Department have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).
Mayor's Office
231/724-6701
FAX/72z.t214 The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Inspection Senices dangerous buildings.
231/724-6715
FAX1726-2501
At the hearing, the Inspection Services Department will present testimony regarding the
Planning/Zoning
231/724-6702 alleged defects. You are advised that you or your representative may cross examine the
F A.Xn24-6790 City's witnesses and you may present testimony in your own behalf and call witnesses in
Police Dept. your own behalf. We encourage you to attend the meeting since it is always better if
231/724--6750
FAX1722-5140
someone is available to answer any questions the Board may have.
Public Works
231/724-4100
Inspection Services
FA.Xn22-4188 City of Muskegon
Treasurer
231/724-6720
FA.'Xn24-6768
Water Billing Dept.
231/724-6718
F A.Xn24-6768
Water Filtration
231/724-4106
F A.X/755-5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
.\Hirrn.1tiH Action
6\61724-6703
F.-\.Xln+-6790 MUSKEGON
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COATE: August 10, 2000
TO: Honorable Mayor and City Commissioners
FROM: Inspection Services Department
RE: Concurrence with Housing Board of Appeals Finding and Order
For case #00-34, aka, 1237 Seventh
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the Housing
Board of Appeals that he structure located at 1237 Seventh and legally described
as Erwin and Keatings addition, Lots 14 & 15, BLK 7 is unsafe, substandard
and a public nuisance and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT:
The cost of the demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION/HISTORY OF PROPERTY:
This residential , owner occupied single family home is located on Seventh Street
near Houston. The last known owner is Lebron Moore of 1237 Sanford St.,
Muskegon, Ml.
A dangerous building inspection was conducted on 3/15/00, which revealed
dangerous living conditions. A notice and order was sent on 3/20/00. The
Housing Board of Appeals heard the case on 7/6/00. The HBA declared the
property substandard, unsafe and a public nuisance. The condition of the property
remains the same with no repairs attempted.
Attached are copies of the following: dangerous building inspection report dated
3/15/00, Notice and Order dated 3/20/00 and a copy of the HBA 7/6/00 meeting
minutes.
The estimated cost of repairs is: $25,000.00
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'1CSKEGO:\ HOUSI:\G BOARD OF APPEALS PAGE6OF9
\IEETl:\G \IJ:',TTES JULY 6, 2000
0-33 -1632 SANFORD - Tonie Moore, Muskegon Ml
rom Century 21, located at 2440 Glade street, at <'led the meeting for the
mortgage pany. He stated that the mortgage is no · default and it is a pretty
sizable mortg . The Mortgage Company does n ant to see it tore down but
has had no luck · trying to contact the owner.
Grabinski informed the affs recommendation to give 30 to 60
days to complete repairs.
Randy Mackie, supported by Joh arner, made a motion to give 60 days to
complete repairs.
AYES: ~~ ='-"~= ABSENT:
Greg Borgman
John Warner
Randy Macki
Jerry Beve
Rev. An rson
Clint T d
MaY,
e motion Carried.
#00-34 - 1237 SEVENTH - LEBRON MOORE, 1237 SEVENTH ST. MUSKEGON
Mr. Moore did not attend the meeting. Mrs. Mae Covington, Mr. Moore's Sister
attended the meeting. Mrs. Covington resides at 1425 Benjamin NE, Grand Rapids.
Mrs. Covington informed the board that Mr. Moore was in the hospital. Her request
to the board was to find out what the board intended to do regarding this property so
that she could inform her btother of the proceedings. -
Grabinski informed the Board of the condition of the property and as staff,
recommended that the Board declare unsafe, substandard, a public nuisance and
forward to the City Commission for concurrence.
Randy Mackie, supported by John Warner, made a motion to accept Staffs
recommendation and forward the case to the City Commission. A roll call vote was
taken:
F:-lnspections 13AUMA:--:\Cathy1HBA :-VIEETl;s;GSIM11'UTES 7-6-00.doc
MUSKEGON HOUSI:"iG BOARD OF APPEALS PAGE 7OF9
MEETING MINUTES JULY 6, 2000
#00-34 -1237 SEVENTH (CONTINUED):
AYES: NAYS: EXCUSED ABSENT:
Greg Borgman
John Warner
Randy Mackie
Jerry Bever
Rev. Anderson
Clint Todd
Mayor Nielsen
The motion Carried.
-35 -146 Strong - Ed Backing -1586 Sanford, Muskegon
and/or a representative did not attend the meetin Grabinski informed
e condition of the home and as staff, reco ended to declare the
building(s) uns , substandard, a public nuisance an orward to the City
Commission for c
John Warner, de a motion to declare the structure
and forward to the City Commission for
concurrence.
AYES: NAYS: EXCUSED ABSENT:
Greg Borgman
John Warner
Randy Mackie
Jerry Bever
Rev. Anderson
Clint Todd
Mayor Ni
F:llnspections' BAUMA:-;ICathy\HBA MEETI:--:GS ~'\I;s;UTES 7-6-00.doc
-\fl;rmi1the A.;tlon
~J 1. 724-o ~oJ
' FAX.. 7U-l21-I
\Hessor
2J 1.'71-1-6'.'08
FAX'7!6-518l
Cemetery
n1n24---678J
FAX/726-5617
FILE Copy
c1 ...u Service
231/724---6716
FAX/724-4405 West Mlcblgan's Shorellne (lty
Clerk
23tnl4-670S MUSKEGON HOUSING BOARD OF APPEALS
FAX/724-4178
Comm. & Neigh, DATE: July 11, 2000
Services
131/724--6717 CASE: #00-34- 1237 Seventh St., Muskegon MI
FAxn26-2SOI
Engineering Lebron Moore
231n24--6101
FAX/727-6904
1237 Seventh St.
Muskegon MI 49442
Finance
131/724-6713
F AX/724-6768 FINDING OF FACTS AND ORDER
Fire Dept.
231/724-6791
F AX/724-6985
The following action was taken at a session of the Muskegon Housing Board of
Appeals held at the Muskegon City Hall, 933 Terrace, Muskegon, Michigan on July
Income Tax
231/714--6770 6, 2000. The Inspections Services Department of the City of Muskegon, having
FAX1724-6768 inspected the building structure located upon the property described as Erwin and
Info. Systems Keating Addition. Lots 14 &15 Block 7, also know as, 1237 Seventh St., found
231/724--6744
FAX1722-4301
the conditions listed on the attached pages exist and that these conditions are
hazardous as defined in Section 4-23 of the Code of Ordinances.
Leisure Service
131/724--6704
FAX/724--1196 The Board further found that these conditions exist to the extent of endangering life,
Manager's Office safety and the general welfare of the endangering life, safety and the general
231/714-6724
FAX/722-1214
welfare of the public.
Mayor's Office
231/724--6701
Therefore, in accordance with Section 4-25 of the Code of Ordinances, the structure
FAX/722-1214 is declared to be unsafe, substandard and a public nuisance.
Inspection Services
131/724-6715
FAX/726-2501
It is, further ordered that if the owners or other interested parties fail to repair of
remove said structure, or appeal this order within 20 days of the receipt of this
Planning/Zoning
231/724--6702
order, the Building Official shall take bids and remove said structure.
FAX/724-6790
Police Dep1.
231/724-6750
FA.xn22-St40
Public Works
131/724-4100
FAX17224188
Treasurer
231/724--6720
FAXn24-6768
Water Billing Dept.
231/714--6718
FAX/724-6768
Waler Filtration
231/724-4106
FAXflS.5-5190
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
If you wish to appeal this order you must do so within twenty days. You may obtain the
appeal form at the City's Inspection Services Department, City Hall, 933 Terrace Street.
BOARD OF APPEALS
,mrmathe A~tlon
!Jl.724-6~03
F\.X 7?!-1114 MUSKEGON
\,sessor
13 I 724-6708
FAX. 726-5181
Cemetel)'
2311724--6783
FAX1726-5617
Civil Ser.ice
231/724--6716
FAX/724-440S West Michigan's Shorellne City
Clerk
2311724--670S
FAxn24-tl78
CITY OF MUSKEGON
Comm. & Neigh,
Services
231/724--6717 NOTICE OF HEARING ON
FAX1726-2501
DANGEROUS AND UNSAFE CONDITIONS
Engineering
231/724-6707
FAX/727-6904
Flnance
231/724--6713 June 23, 2000
F AX/724--6768
Fire Dept. Lebron Moore
2311724-6792
FA..X/724-6985 1237 Seventh
Income Tax
Muskegon MI 49442
231/724-6770
FAX/724-6768
SUBJECT: Dangerous Building Case #00-34-1237 Seventh, Muskegon MI.
Info. Systems
231/724--6744
FAX/722-430 I PLEASJJ: TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Leisure Ser.ice
of Muskegon will be held on Thursday, July 6, 2000 at 5:30 P.M. in the Muskegon City
231/724-6704 Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
FAX/724-1196
determining whether the structure should be demolished or otherwise made safe.
Manager's Office
2311724-6724
FAX/722-1214 Officials from the Inspection Services Depaiiment have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).
Mayor's Office
231/724-6701
FA..X/722-1214
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Inspection Services dangerous buildings.
231/724-6715
FAX1726-2501
At the hearing, the Inspection Services Department will present testimony regarding the
Planning/Zoning
231/724-6702 alleged defects. You are advised that you or your representative may cross examine the
FAY./724-6790 City's witnesses and you may present testimony in your own behalf and call witnesses in
Police Dept. your own behalf. We encourage you to attend the meeting since it is always better if
2311724-6750
FAY./722-5140
someone is available to answer any questions the Board may have.
Public WorkJ
231/724-4100 Inspection Services
FAX/722-4188 City of Muskegon
Treasurer
231/724-6720
F A.'16, .. 14-670.l
f_\X,,'124-6(90
\snuor
616/114-6708
F.-\.X/114--6 768
Cemetery
616/714--6783
FA.'(f7ll-U88
FILE COPY
Civil Service
616/714-6716
FA."l'Cathy\HBA MEETl>iGS MIC'iUTES 7-6-00.doc
.HJlrm,u\n A.:tlon
:!Jl 7:?4-6703
F\.\.. 72].1214 MUSKEGON
\'isesrnr
:!JI 724--6708
FAX.7:?6-5181
'. i\('
j 'j '
Cemetery Jl
?311724-6783
FAX1726-5617
Chit Service
231/724--6716
F AX/724-440S West Mlddgan's Shoreline Oty
Clerk
231/724-6705
FAX/724--4178
CITY OF MUSKEGON
Comm. & Neigh.
Services
231/724--6717 NOTICE OF HEARING ON
FAX/726-2501
DANGEROUS AND UNSAFE CONDITIONS
Engineering
231n24-6707
F AX/727--6904
Finance
231/724-6713 June 23, 2000
FAX/724-6768
Fire Dept. Ed Backing
231/714-6792
F AX/724-6985 15 86 Sanford
Income Tax
Muskegon MI 49441
231/724-6770
FAX/724--6768
SUBJECT: Dangerous Building Case# 00-35- 146 Strong, Muskegon MI
Info, Systems
231/724-6744
FAX/722-4301 PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
of Muskegon will be held on Thursday. July 6. 2000 at 5:30 P.M. in the Muskegon City
Leisure Senice
231/714-6704 Hall Commission Chambers on the first floor. Said hearing will be for the purpose of
FAX/724-1196
determining whether the structure should be demolished or otherwise made safe.
Manager's Office
231/724-6724
rAxn12.1214 Officials from the Inspection Services Department have inspected the structure and it is
alleged that it has defects as listed on the attached page(s).
Mayor's Office
Bl/724--6701
FAX/722·1114
The defects are violations of Section 4-23 of the Muskegon City Code, which defines
Inspection Services dangerous buildings.
231/724-6715
FAX/726-2501
At the hearing, the Inspection Services Department will present testimony regarding the
Planning/Zoning
231/724-6702 alleged defects. You are advised that you or your representative may cross examine the
FAX/724--6790 City's witnesses and you may present testimony in your own behalf and call witnesses in
Police Dept. your own behalf. We encourage you to attend the meeting since it is always better if
131/724--6750
FAX/722•5140
someone is available to answer any questions the Board may have.
Public Works
231/724-4100 Inspection Services
FAX1722-4188 City of Muskegon
Treasurer
231/714-6720
FA..X/724--6768
Water Bllllng Dept.
131/724--6718
FAX1724-6768
Water Filtration
l31n24-4106
FA..Xl7SS--5290
City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, MI 49443-0536
\ffirnuti\e .-\ction
616, ... H-670J
F \X. '1!4-6790
•\ss,s.sor
616/724-6708
F.\X/7H-6768
Cemetery
616/724-6783
FA.X/ill-4188
Civil Service
616/714--6716
FA.X/il4-6790 West Mldllgan's Sborellne Oty
Clerk
616/724-6705
FAxnl4-6768 NOTICE AND ORDER
Comm. & Neigh.
Services
616/714-6717
FAXn24-6790
Enginttring
March 28, 2000
616/724-.6707
FAXnl4-6790
Finance Mr. Edwin Backing
616/714-6713
~24-6768 1586 Sanford
Muskegon Ml 49441
Fire Dept.
616/714-6791
FAxnH-6985
Dear Property Owner:
Income Tai.
616/714-6770
FAxnl4-6768
Subject: 146 Strong
WLY 35 ½ FT LOT 8 BLK 393
Info. Systems
616/71-'-6975
FAX/724-.6768 The City of Muskegon Building Official has recently inspected the subject property and
Leisure Service has found the buildings to be dangerous as defined under Section 4-23 of the
616/714-6704 Muskegon City Code.
FAxn2-'-6790
~::;;;:,'~~'~m" As a result of this finding, you are hereby ordered to REPAIR or DEMOLISH the
FAX112<-<1,o structures within thirty (30) days.
Mayor's Office
616/724-6701 If you elect to repair the structures, you must secure all required permits and physically
FAxn2-4-6790
commence the work withi_n thirty (30) days from the date of this order.
Neigh. & Const.
Ser,ices
616172-t-6715 Should you have any questions concerning this matter, please do not hesitate to contact
FA'.Xn24-6790
our Building Official, Jerry McIntyre at (231) 724-6715.
Planning/Zoning
616 24 1 2
n -• • Sincerely yours
j h ' ~
FAX/724-6790~
Police Dept.
616/724-6750
g~'~
FAX1122-s140 R bert B. Grabinski
•••'" w,c1u Fire Marshal/Inspection Services
616/724-4100
FAX/722-4188
Treasurer
616/72-'-6720
FAxn24-6768
Water Dept.
616/724-6718
FAxnl-4-6768
W;,iter Filtration
616,f!-t--'106
F..\'.\."l~>S.290 City of Muskegon, 933 Terrace Street, P.O. Box 536, Muskegon, Ml 49443-0536
\ffirruJthe Action
0[6;''1'14-6703
F-\.\. .. 14-6"'90
--\ssessor
6l6ii!-4--6708
F..\...\/12~768
Cemetery
6t6n24-678J
F..\...Xlill--U88
Civil Sen-ice
6t6nl4-6716
F A.'<
CC:
• Urgent D For Review • Please Comment D Please Reply D Please Recycle
CITY CLERK'S OFFICE OFFICE # (231) 724-6705
FAX # (231) 724-4178 ·
·1 ~ ~
cF ,•c) cf' 0 0. .
·r~/-
~,
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 22, 2000, the City Commission of the City of Muskegon adopted an
ordinance amending the Zoning Ordinance to add the following language to #3 of Section 2307 of
Al.tide XXIII:
3. Unenclosed structures, front yard: Unenclosed porches, steps or similar facilities may project
into a required front setback for a distance not to exceed five (5) feet. In the case of a
handicap wheelchair ramp, the Zoning Administrator may waive setback requirements at
his/her discretion, if no other options are available to provide a ramp, provided that the
applicant agrees to remove the ramp if it is no longer necessary on the propetty. A
petformance letter or performance guarantee may be required.
4. Additions: Additions to homes on minor streets (not collectors), built in subdivisions ninety
percent (90%) developed with homes prior to 1940 may encroach upon existing yards so long
as:
e. A mirtirnum 10 foot front setback is maintained
f A minimum 15 foot rear setback is maintained
g. Lot coverage, with accessory structures does not exceed 50%
h. The addition does not finther encroach upon existing side yards
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten days from the date of this publication.
Published _~A=u=g=u=s~t~2=8~--' 2000 CITY OF MUSKEGON
By _ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE.-
Account No. 101-80400-5354
Date: August 22, 2000
To: Honorable Mayor and City Commissioners
From: Inspection Services Department
RE: Dangerous Building Ordinance
SUMMARY OF REQUEST: To adopt the ordinance, which is meant to
clean up the dangerous buildings procedure. The procedure has proven
to be somewhat cumbersome and troublesome in circuit court. This will
give us a better chance in circuit court to overcome due process
difficulties.
FINANCIAL IMPACT: None.
BUDGET ACTION REQUIRED: None.
STAFF RECOMMENDATION: To adopt the ordinance.
Date: August 22, 2000
To: Honorable Mayor and City Commissioners
From: Engineering
RE: Public Hearing
Amendment to the Special Assessment Roll
Sidewalk Replacement Program for 1999 (Area W3)
SUMMARY OF REQUEST:
A public hearing to amend special assessment for the 1999 Sidewalk Replacement Program be
held and to adopt the attached resolution confirming the amended Special Assessment Roll to
include 1447 Palmer (parcel# 24-205-525-0006-00). In addition, hear from the owners of:
• 1332 Palmer
• 1779 Ruddimam
• 1154 Washington
• 1190 W. Dale
• 1645 Franklin
• 1526 Hudson
Regarding their ineligibility to receive CDBG funds.
FINANCIAL IMPACT:
A total of $528,853.22 will be assessed against 624 parcels.
BUDGET ACTION REQUIRED:
None at this time.
STAFF RECOMMENDATION:
To approve the amended special assessment roll and adopt the attached resolution.
COMMITTEE RECOMMENDATION:
CITY OF MUSKEGON
Resolution No. 2000-83 (a)
Resolution to Amend the Special Assessment Roll
for THE 1999 SIDEWALK REPLACEMENT PROGRAM
Properties Assessed: See Exhibit A attached to this resolution.
RECITALS:
I. The City Commission determined to create a special assessment district covering the
properties set forth in Exhibit A attached to this resolution on March 23, 1999, at the
first hearing.
2. The City has reviewed the special assessment roll which purports to levy a special
assessment in the said district, levying on each property a portion of the cost which has
been determined to be appropriate, considering the improvements, the benefit to the
assessed properties, and the policies of the City. The original roll was adopted August 8,
2000, and it appears that the roll should be amended to include the property located at
144 7 Palmer (parcel number 24-205-525-0006-00).
3. The City Commission has received final bids for the construction and/or installation of
the improvements and determines it to be fair and reasonable. .
4. The City Commission has heard all objections to the amended roll filed before or at the
hearing. ·
THEREFORE, BE IT RESOLVED:
I. That the special assessment roll submitted by the Board of Assessors as amended is
hereby approved.
2. That the assessments levied may be made in installments as follows: annual installments
over ten (10) years. Any assessment which is paid in installments shall carry interest at
the rate of 5.00% per annum to be paid in addition to the principal payments on the
special assessment.
RESOLUTION CONFIRMING THE AMENDED SPECIAL ASSESSMENT ROLL
FOR THE 1999 SIDEWALK REPLACEMENT PROGRAM
Continued...
3. Toe Clerk is directed to endorse the certificate of this
confirmation resolution and the Mayor may endorse or attach his warrant bearing the date
of this resolution which is the date of confirmation.
This resolution passed.
Ayes: Schweif1er, Shepherd, Sieradzki, Spataro, Aslakson, Benedict,
Nielsen
Nays: None
City of Muskegon
CERTIFICATE
By G
~ K
sd;~ te,8
This resolution was adopted at a meeting of the City Commission, held on August 22, 2(XX). The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
Further, I hereby certify that the special assessment roll referred to in this resolution was
confirmed on ;:;·this date, being August 8, 2000.
City of Muskegon
By--1-k- - --=-
Q ,_· ~- ~---+Fl--
. -
Gail A. Kundinger, City Clerk
THE 1999 SIDEWALK REPLACEMENT PROGRAM
(Area W3)
MAYOR'S ENDORSEMENT AND WARRANT
I, FRED J. NIELSEN, MAYOR OF THE CITY OF MUSKEGON, HEREBY ENDORSE
THE ABOVE CONFIRMATION RESOLUTION AND HEREBY WARRANT TO THE CITY
TREASURER THIS DATE THAT HE SHALL PROCEED TO COLLECT THE
ASSESSMENTS AT THE TIME AND IN THE MANNER SET FORTH ABOVE.
AFFIDAVIT OF MAILING BY CITY CLERK
STATE OF MICHIGAN )
) ss
COUNTY OF MUSKEGON )
GAIL A. KUNDINGER, BEING FIRST DULY SWORN, DEPOSES AND SAYS THAT SHE
IS THE CITY CLERK OF THE CITY OF MUSKEGON; THAT ON THE 11TH DAY OF
AUGUST, 2000 THE CITY COMMISSION ADOPTED A RESOLUTION OF ITS
INTENTION TO CREATE THE FOLLOWING SPECIAL ASSESSMENT NUMBER AND
TITLE:
H-1491 SIDEWALK REPLACEMENT PROGRAM FOR 1999
A COPY OF SAID RESOLUTION BEING ATTACHED HERETO; AND THAT A NOTICE
OF HEARING WAS DULY PUBLISHED IN THE MUSKEGON CHRONICLE, A DAILY
NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF MUSKEGON ON AUGUST
12, 2000. A COPY OF SAID NOTICE IS ATTACHED HERETO.
DEPONENT FURTHER SAYS THAT A LETTER OF NOTIFICATION WAS SERVED UPON
EACH OWNER OF OR PARTY IN INTEREST IN PROPERTIES TO BE ASSESSED IN THE
SPECIAL ASSESSMENT DISTRICT WHOSE NAME APPEARS UPON THE LAST TAX
ASSESSMENT RECORDS OF THE CITY OF MUSKEGON BY MAILING SUCH NOTICE
IN A SEALED ENVELOPE BY FIRST CLASS UNITED STATES MAIL, WITH POSTAGE
PREPAID, ADDRESSED TO EACH SUCH OWNER OR PARTY IN INTEREST AT THE
ADDRESS SHOWN ON SAID LAST TAX ASSESSMENT RECORDS, WHICH SAID
HEARING WAS TO BE HELD ON AUGUST 22, 2000. THIS DEPONENT SAYS THAT IN
SO SERVING SAID NOTICES SHE CHECKED ALL OF THE ENVELOPES CONTAINING
THE NOTICES AND DID DETERMINE THAT THERE WAS A PROPERLY ADDRESSED
ENVELOPE FOR EACH PROPERTIES DESCRIPTION, AS SHOWN ON SAID TAX
ASSESSMENT RECORDS, AND THAT BEFORE SEALING OF SAID ENVELOPES SHE
DID DETERMINE THAT THERE WAS A PROPER NOTICE INSERTED IN EACH
ENVELOPE AND THAT THE ENVELOPES WERE THEN SEALED AND DELIVERED TO
THE UNITED STATES POST OFFICE IN THE CITY OF MUSKEGON OR DEPOSITED IN
AN OFFICIAL UNITED STATES MAIL RECEPTACLE ON THE 11th DAY OF AUGUST,
2000. Jiw,O. ~
GAIL A. KUNDINGER,CJTYERK
SUBSCRIBED AND SWORN TO BEFORE ME THIS
dlff// .
DAY OF ~ f , 2000.
dazdaJ 1
NOTARY PUBLIC, MUSKEGON COUNTY, MICHIGAN
MY COMMISSION EXPIRES 2-
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SPECIAL E~IBITA
ASSESSMENT
DISTRICT
-
LAKETON
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August 11, 2000
Property Parcel Number: - - - - (old parcel number:----
at - - - - - - -
NOTICE OF HEARING TO CONFIRM REVISED SPECIAL ASSESSMENT ROLL
TO REPLACE LETTER OF JULY 28. 2000
Dear Property Owner:
The Muskegon City Commission has previously approved the project described below and will now
consider final confirmation of the special assessment roll:
H-1491 Sidewalk Replacement Program for 1999
Public Hearings
A public confirmation hearing will be held in the City of Muskegon Commission Chambers on Tuesday,
August 22, 2000 at 5:30 P.M. You are entitled to appear at this hearing, either in person, by agent or in
writing to express your opinion, approval, or objection concerning the special assessment. Written
appearances or objections must be made at or prior to the hearing.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE THE RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. ALSO, IF THE SPECIAL ASSESSMENT IS
CONFIRMED ON AUGUST 22, 2000, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF THE
CONFIRMATION TO FILE A WRITTEN APPEAL WITH THE MICHIGAN TAX TRIBUNAL. HOWEVER,
UNLESS YOU PROTEST AT THIS HEARING EITHER IN WRITING OR BY AGENT, OR IN WRITING
BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE MICHIGAN TAX TRIBUNAL WILL
BE LOST.
The total cost of the project will be paid by special assessment to property owners. If the special
assessment is confirmed, your property will be assessed _ _ _ for the work performed. Following are
the !erms of the special assessment:
Assessment Period: Ten (10) Years
Interest Rate: 5.00%
First Installment: _ __
Due Date: October 22, 2000
The total assessment may be paid in full any time prior to the due date shown above without interest
being charged. After this date, interest will be charged at the rate shown above on the outstanding
balance. Assessments also may be paid over a ten year period in ten equal principal installments. If you
pay your assessment in installments, your annual installment (including interest) will be included as a
separate item on your property tax bill each year. Therefore, if you pay your property taxes through a
mortgage escrow agent, you should notify them of this change. Early payments may be made at any time
and are encouraged.
PLEASE NOTE THAT IF THE ASSESSMENT IS NOT CONFIRMED AT THE PUBLIC HEARING YOU
WILL BE NOTIFIED. IF THE ASSESSMENT IS CONFIRMED, THIS LETTER WILL REPRESENT YOUR
INITIAL BILLING IF YOU WISH TO PAY IN FULL PRIOR TO THE DUE DATE AND AVOID INTEREST
COSTS. OTHERWISE, YOU WILL AUTOMATICALLY BE BILLED ON AN INSTALLMENT BASIS WITH
THE FIRST INSTALLMENT SHOWN ON YOUR NEXT PROPERTY TAX BILL.
If you have any specific questions about the work done please call the Engineering Department at 231
724-6707 before the hearing date.
Please refer to the enclosed sheet entitled Special Assessment Payment Options for more information on
the payment options available.
Sincerely,
~~ /l.Mti--6r:~
Mohammed AI-Shatel, P.E.
City Engineer
~ ; .
Special Assessment Payment Options
Property owners in the City of Muskegon who are being specially assessed for street, sidewalk or other public
Improvements may pay their assessment In the following ways:
I. Lump Sum Payment in Full
Assessments may be paid in full within sixty (60) days of the confirmation of the special assessment roll
without interest.
II. Installment Payments
Assessments not paid within the first sixty (60) days may be paid in installments over several years as follows:
Street and Alley Assessments - Ten (10) years equal annual principal payments. For example, if the
amount of your assessment is $850.00, you will be billed $85.00 per year plus applicable interest as
described below.
Driveway, Sidewalk, and Approach Assessments - Ten (10) years equal annual principal payments
plus applicable interest as described below.
Interest- Simple interest is charged at the rate of 5.00% per year unless the City has borrowed mone;
to complete the project for which you are assessed and has pledged you assessments for repayment o
the borrowed money. In such cases, the interest you are charged is equal to the interest rate the City
must pay on the borrowed money plus 1.00%.
Ill. Special Assessment Deferral (Low Income Seniors and Disabled Persons)
To qualify for a special assessment deferral you or your spouse (if jointly owned) must:
• Be 65 years or older or be totally or permanently disabled.
• Have been a Michigan resident for five (5) years or more and have owned and occupied the homestea,
being assessed for five (5) years or more.
• Be a citizen of the U.S.
• Have a total household income not in excess of $16,823.00
• Have a special assessment of $300.00 or more.
Under this program the State of Michigan will pay the entire balance owing· of the special assessment,
including delinquent, current, and further installments. At the time of payment a lien will be recorded on your
property in favor of the State of Michigan. Repayment to the State must be made at the time the property is
sold or transferred or after the death of the owner(s). During the time the special assessment is deferred
interest is accrued at the rate of 6.00% per year.
IV. Further Information About the Above Programs
Further information about any of the above payment options may be obtained by calling either the City
Assessor's Office at 724-6708 or the City Treasurer's Office at 724-6720. Applications may be obtained a,
the Muskegon County Equalization Office in the Muskegon County building or City of Muskegon Assessor's
Office in City Hall.
V. Additional Special Assessment Payment Assistance
Qualified low and moderate income homeowners who are being assessed may be eligible for payment
assistance through the City of Muskegon Community Development Block Grant (CDBG) Program. Assistanc•
from this program will be available to the extent that funds are available. To obtain further information and
determine whether you are eligible, contact the Community and Neighborhood Services Department at
724-6717.
SIDEWALK REPLACEMENT PROGRAM FOR 1999
DETAILS BY PARCEL
KIRKSEY INVESTMENT CORP OLD PARCEL 611025200012
1204 W WESTERN AVE MAP NUMBER 24-30-25-200-012
NEW PARCEL 24-205-469-0002-00
@ 0 WESTERN AVE
CONCRETE DRIVE APPROACH 0.00 SYD @ $ 28.00 IS YD $0.00
REMOVING CONCRETE DRIVE APPROACH 0.00 SYD@ $10.00 /SYD $0.00
REMOVING CONCRETE CURB 0.00 L FT @ $ 5.00 I L FT $0.00
EXCAVATION 0.00 C YD@$ 6.00/C YD $0.00
BORROW FILL 0.00 C YD@$ 15.00 /SYD $0.00
TOTAL FOR DRIVE APPROACH $0.00
ENGINEERING FEES FOR DRIVE APPROACH $0.00
CONCRETE SIDEWALK 0.00 S FT@$ 5.11/ S FT $0.00
TOTAL $0.00
CITY OF MUSKEGON
NOTICE OF PUBLIC HEARING
CONFIRMATION OF SPECIAL ASSESSMENT ROLL
SPECIAL ASSESSMENT DISTRICT:
SIDEWALK REPLACEMENT PROGRAM FOR 1999
The location of the special assessment district and the properties
proposed to be assessed are:
THOSE PROPERTillS PREVIOUSLY IDENTIFIED AS HAYING SIDEWALK DEFICIENCillS
IN WHICH THE OWNERS HAVE NOT COMPLETED THE REQUIRED IMPROVEMENTS IN
THE FOLLOWING LOCATIONS: AREA W3 BOUNDED BY MUSKEGON LAKE, SEAWAY
DRIVE, LAKETON AVENUE, NOLAN A VENUE, ROILSON STREET AND FRISBill STREET;
PLEASE TAKE NOTICE that a hearing to confirm the special assessment district shall be held in the
City of Muskegon Commission Chambers on August 22, 2000 at 5:30 p.m.
At the time set for the hearing the City Commission will examine and determine whether to approve the
revised special assessment roll which has been prepared and submitted for the purpose of said hearing
and for examination by those persons to be assessed, The revised special assessment roll is on file and
may be examined during regular business hours at the City Engineer's office between 8:00 a.m. and 5:00
p.m. on weekdays, except holidays.
YOU ARE HEREBY NOTIFIED THAT YOU HAVE A RIGHT TO PROTEST YOUR ASSESSMENT
EITHER IN WRITING OR IN PERSON AT THE HEARING. IF THE SPECIAL ASSESSMENT
ROLL IS CONFIRMED, YOU WILL HAVE THIRTY (30) DAYS FROM THE DATE OF
CONFIRMATION OF THE ROLL TO FILE A WRITTEN APPEAL WITH THE MICHIGAN STATE
TAX TRIBUNAL. HOWEVER, UNLESS YOU PROTEST AT THIS HEARING OR DID SO AT THE
PREVIOUS HEARING ON THIS SPECIAL ASSESSMENT DISTRICT EITHER IN PERSON OR BY
AGENT, OR IN WRITING BEFORE OR AT THE HEARING, YOUR RIGHT TO APPEAL TO THE
MICHIGAN TAX TRIBUNAL WILL BE LOST.
You are further notified that at the first hearing the City Commission determined that the special
assessment district should be created, the improvement made, and the assessment levied. The purpose of
this hearing is to hear objections to the assessment roll and to approve, reject, or correct the said roll.
Gail A. Kundinger, City Clerk
Publish: AUGUST 12. 2000
ADA POLICY
The City will provide necessary appropriate auxiliary aids and services, for example, signers for the hearing
impaired, audio tapes for the visually impaired, etc., for disabled persons who want to attend the meeting, upon
twenty-four hours notice to the City. Contact:
Gail A. Kundinger, City Clerk
933 Terrace Street, Muskegon, MI 49440
(616) 724-6705 of TDD (616) 724-6773
CITY OF MUSKEGON
Resolution No. 99-27 ( a)
Resolution At First Hearing Creating Special Assessment District
For The 1999 Sidewalk Replacement Program
Location and Description of Properties to be Assessed:
See Exhibit A attached to this resolution
RECITALS:
A hearing has been held on March 23, 1999 at 5:30 o'clock p.m. at the City
Commission Chambers. Notice was given by mail and publication as required by
law.
2. That estimates of costs of the project, a feasibility report and valuation and benefit
information are on file with the City and have been reviewed for this hearing.
3. At the h~aring held March 23, 1999, there were 2.58 % objections by the owners of the
properties in the district registered at the hearing either in writing received before or at the
hearing or by owners or agents present at the hearing, and the Commission has considered
the advisability of proceeding with the project.
FINDINGS:
I. The City Commission has examined the estimates of cost to construct the project including
all assessable expenses and determines them to be reasonable. ·
2. The City Commission has considered the value of the properties to be assessed and the
value of the benefit to be received by each properties proposed to be assessed in the district
after the improvements have been made. The City Commission determines that the
assessments of costs of the City project will enhance the value of the properties to be
assessed in an amount at least equivalent to the assessment and that the improvement
thereby constitutes a benefit to the properties.
THEREFORE, BE IT RESOLVED:
1. The City Commission hereby declares a special assessment district to include the
properties set forth in Exhibit A attached to this resolution.
--~-~ .. .,.... ...... --~ ,,,,. ,,,,. ...... ,
2. The City Commission detennines to proceed with the improvements as set forth in the
engineer's survey, inspection, recommendation and estimates of costs, and directs the City
Engineer to proceed with project design, preparation of specifications and the bidding
process. If appropriate and if bonds are to be sold for the purposes of financing the
improvements, the Finance . Department shall prepare plans for financing including
submission of application to the Michigan Department of Treasury and the beginning of
bond proceedings.
3. The City Commission hereby· appoints a Board of Assessors consisting of City
Commissioners Si eradzk i and Shepherd and the City Assessor
who are hereby directed to prepare an assessment roll. Assessments shall be made upon
actual work preformed.
4. Based on the City's Special Assessment policy and preliminary estimates it is expected that
approximately 100% of the cost of the improvement will be paid by special assessments.
5. Upon submission of the special assessment roll, the City staff is hereby directed to notify
all owners and persons interested in properties to be assessed of the hearing at which the
City Commission will consider confirmation of the special assessment roll.
This resolution adopted.
Ayes, Commissioners Michalski, Nielsen, Pleimling, Shepherd, Sieradzki,
Benedict
Nays, None
CITY OF MUSKEGON
.,Lo~
Gail A. Kundinger, Clerk
ACKNOWLEDGMENT
This resolution was adopted at a meeting of the City Commission, held on March 23, 1999. The
meeting was properly held and noticed pursuant to the Open Meetings Act of the State of
Michigan, Act 267 of the Public Acts of 1976.
CITY OF MUSKEGON
AGENDA ITEM
CITY COMMISSION MEETING
August 8, 2000
TO: Honorable Mayor and City Commissioners
FROM: Gail Kundinger, City Clerk
DATE: August 1, 2000
SUBJECT: Seat Belt Ordinance
SUMMARY OF REQUEST: To adopt the attached ordinance amending the City Code
of Ordinances, Chapter 20, Section 20-6 amending the Uniform Traffic Code
concerning mandatory safety belt usage.
BUDGET ACTION REQUIRED: None
FINANCIAL IMPACT: None
STAFF RECOMMENDATION: Adoption of the ordinance.
COMMITTEE RECOMMENDATION: None.
law offices of PARMENTER O'TOOLE
175 W. Apple Avenue • P.O. Box 786 • Muskegon, Michigan • 49443-0786
Phone 231.722.1621 • Fax 231.722.7866 or728.2206
July 20, 2000
Ms. Gail A. Kundinger
City Clerk
City of Muskegon
P.O. Box 536
Muskegon,MI49443-0536
Re: Seat Belt Ordinance
Dear Gail:
Enclosed is the proposed seat belt ordinance amending enforcement of the violation to a primary
offense in accordance with state law. If there are any questions, please let me know.
Yours truly,
~tr \ ~ L /
Jennifer Hylland
Direct Dial: 231. 722.5403
Fax: 231. 728.2206
Internet Address: jlh@parmenterlaw.com
Enclosures
c: Chief Tony Kleibecher, Muskegon Police Department
G. Thomas Johnson John C. Schrier James R. Scheuerle O/Co1111sr.l Rflirtd Paul T. Sorensen
George 0. Von Epps Christopher L. Kelly Keith L. McEvoy Robert L. Forsythe 1920-1966
Thomas J. O'Toole
John M. Briggs, Ill Lindo S. Koare Anna K. Urick Arthur M. Rude George A. Parmenter
Eric J. Fauri 1903- 1993
Michael L. Rolf Philip M. Staffon Scott R. Sewick Harald M. Street
Jennifer L. Hytlond Cyrus M. Poppen
George W. Johnson William J. Meier
1903·1996
W. Brod Groom Jeffery A. Jacobson
G:\COMMON\5\GT.AC•ORO\SEATBELT.ORD
CITY OF MUSKEGON
MUSKEGON COUNTY, MICHIGAN
ORDINANCE NO. 2029
An Ordinance amending Chapter 20, Section 20-6 of the Code of Ordinances amending
the City's Unif01m Traffic Code concerning mandatory safety belt usage.
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
1. Section 20-6, Subsections 5.82 and 5.83, are enacted to read as follows:
5.82 Child restraint system required; exceptions; violation as civil infraction; points;
abstract; exemption by rules; alternate means of protection.
Sec. 5.82.
(I) Except as provided in this section, or as otherwise provided by law, a rule
promulgated pursuant to the administrative procedures act of 1969,1969 PA 306, MCL
24.201 to 24.328, or federal regulation, each driver transporting a child less than 4 years
of age in a motor vehicle shall properly secure that child in a child restraint system that
meets the standards prescribed in 49 C.F.R. 571.213.
(2) This section does not apply to any child being nursed.
(3) This section does not apply if the motor vehicle being driven is a bus, school bus,
taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with
safety belts under federal law or regulations.
(4) A person who violates this section is responsible for a civil infraction.
(5) Points shall not be assessed under MCL 257.320a for a violation of this section.
An abstract required under MCL 257. 732 shall not be submitted to the secretary of state
regarding a violation of this section.
(6) The secretary of state may exempt by rules promulgated pursuant to the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, a class of
children from the requirements of this section, if the secretary of state determines that the
use of the child restraint system required under subsection (1) is impractical because of
physical unfitness, a medical problem, or body size. The secretary of state may specify
alternate means of protection for children exempted under this subsection.
G:\COMMON\5\GTJ\C-ORDISEATBELT.ORD
5.83 Safety belt required; driver or passenger to which section inapplicable; transporting
child 4 years of age but less than 16 years of age; enforcement of section; violation as civil
infraction.
Sec. 5.83
(!) This section does not apply to a driver or passenger of any of the following:
(a) A motor vehicle manufactured before January 1, 1965.
(b) A bus.
(c) A motorcycle.
(d) A moped.
( e) A motor vehicle if the driver or passenger possesses a written verification
from a physician that the driver or passenger is unable to wear a safety belt for
physical or medical reasons.
(f) A motor vehicle that is not required to be equipped with safety belts under
federal law.
(g) A commercial or United States postal service vehicle that makes frequent
stops for the purpose of pickup or delivery of goods or services.
(h) A motor vehicle operated by a rural carrier of the United States postal
service while serving his or her rural postal route.
(2) This section does not apply to a passenger of a school bus.
(3) Each driver and front seat passenger of a motor vehicle operated on a street or
highway in this state shall wear a properly adjusted and fastened safety belt, except that a
child less than 4 years of age shall be protected as required in section 5.82 or MCL
257.710d. If there are more passengers than safety belts available for use, and all safety
belts in the motor vehicle are being utilized in compliance with this section, the driver of
the motor vehicle is in compliance with this section.
(4) Each driver of a motor vehicle transporting a child 4 years of age or more but less
than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and
fastened safety belt. If the motor vehicle is transporting more children than there are
safety belts available for use, all safety belts available in the motor vehicle are being
utilized in compliance with this section, and the driver and all front seat passengers
G:\COMMON\5\GTJ\C-ORD\SEATBELT.ORD
comply with subsection (3), then the driver of a motor vehicle transporting a child 4 years
of age or more but less than 16 years of age for which there is not an available safety belt
is in compliance with this subsection, if that child is seated in other than the front seat of
the motor vehicle. However, if that motor vehicle is a pickup truck without an extended
cab or jump seats, and all safety belts in the front seat are being used, the driver may
transport such a child in the front seat without a safety belt.
(5) If after December 31, 2005 the office of highway safety planning certifies that
there has been less than 80% compliance with the safety belt requirements of this section
during the preceding year, then enforcement of this section by state or local law
enforcement agencies shall be accomplished only as a secondary action when a driver of
a motor vehicle has been detained for a suspected violation of another section of this act.
(6) Failure to wear a safety belt in violation of this section may be considered
evidence of negligence and may reduce the recovery for damages arising out of the
ownership, maintenance, or operation of a motor vehicle. However, such negligence shall
not reduce the recovery for damages by more than 5%.
(7) A person who violates this section is responsible for a civil infraction.
(8) A law enforcement agency shall conduct an investigation for all reports of police
harassment that result from the enforcement of this section.
(9) Points shall not be assessed under MCL 257 .320a for a violation of this section.
This ordinance adopted.
Ayes Shep herd, Spataro , As l akson, Benedict, Nielsen, Schweifler
Nays Si eradzk i
Adoption Date: August 22, 2000
Effective Date: September 5, 2000
First Reading: Augu s t 8 , 2000
Second Reading: August 22 1 2000
Publish:
- - - - - - - - - - - - -- - -
CITY OF MUSKEGOIN / -
By L Q. ~JP-!
Gail A. Kundinger, City Clerk
G:\COMMON\5\GTJ\C-ORD\SEATBELT.ORD
CERTIFICATE
This ordinance was adopted at a meeting of the City Commission, held on August 22
· 2000. The meeting was properly held and noticed pursuant to the Open Meetings Act of the
State of Michigan, Act 267 of the Public Acts of 1976.
CITY.QF ~U~QQN ·
By ~ l J ~ ~~
Gail A. Kundinger, City Clerl
G:\COMMON\5\GTJ\C-ORD\SEATBELT.ORD
CITY OF
MUSKEGON
CLERK'S
OFFICE
facsimile cover sheet
Fax:
Date:
Re: Pages:
CC:
0 Urgent O For Review O Please Comment O Please Reply O Please Recycle
CITY CLERK'S OFFICE OFFICE# (231) 724-6705
FAX # (231) 724-4178
[; r
l
CITY OF MUSKEGON
NOTICE OF ADOPTION
Please take notice that on August 22 2000, the City Commission of the City of
Muskegon adopted certain amendments to the city code concerning required safety belt usage.
In summary form, the ordinance provides as follows:
1. Section 5.82 of the Code of Ordinances concerns violations for transporting a child
less than four (4) years of age in a motor vehicle where said child not secured by a federally
approved child restraint system. A violation this section is a civil infraction.
2. Section 5.83 of the Code of Ordinances concerns required safety belt usage in a
motor vehicle as a driver or a front seat passenger and enforcement of the violation as a
primary offense. A violation of this section is a civil infraction.
3. Section 5. 83(4) of the Code of Ordinances concerns safety belt requirements for
transporting minor children ages four (4) to sixteen (16). A violation of this section is a
civil infraction.
Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in the City Hall, 933 Ten-ace Street, Muskegon, Michigan, during regular business hours.
This ordinance amendment is effective ten (10) days from the date of this publication.
Published August 26 , 2000
CITY OF MUSKEGON
By_ _ _ _ _ _ _ _ _ _ _ _ _ __
Gail A. Kundinger
Its Clerk
-------------------
PUBLISH ONCE WITHIN TEN (I 0) DAYS OF FINAL PASSAGE.
G:\COMMON\5\GTJ\C-ORD\SEATBELT.ORD
COATE: August10,2000
TO: Honorable Mayor and City Commissioners
FROM: Inspection Services Department
RE: Concurrence with Housing Board of Appeals Finding and Order
For case #99-24, aka, 1212 Jefferson
SUMMARY OF REQUEST:
This is to request City Commission concurrence with the findings of the Housing
Board of Appeals that he structure located at 1212 Jefferson and legally
described as N ½ Lot 2, BLK 384 is unsafe, substandard and a public nuisance
and that it be demolished within thirty (30) days.
It is further requested that administration be directed to obtain bids for the
demolition of the structure and that the Mayor and City Clerk be authorized and
directed to execute a contract for demolition with the lowest responsible bidder.
FINANCIAL IMPACT:
The cost of the demolition will be paid with CDBG funds.
BUDGET ACTION REQUIRED: NONE
STAFF RECOMMENDATION/HISTORY OF PROPERTY:
This residential 5 unit rental, is located on Jefferson Street near Strong. The last
Known owner is Rudy Santos who resides at 11982 White Road, Ravenna, Ml.
The property had a fire in the basement on 10/16/98, please see attached report.
On 6/14/99 a dangerous building inspection was conducted and a notice and order
was sent on 6/18/99. There had been no contact from the owner and the case
was visited by the HBA on 8/5/99, an audio tape of the meeting can be obtained in
the Inspection Services Dept. To this date there has been no change in the
progress of repairs.
The estimated cost to complete repairs is: $18,000.00
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6161724-6703
MUSKEGON
Assessor
616/724-6708
Cemetery
616i72H783
Clvll Service West Mk:blgan's Shorellne (lty
6 I 6/724-6716
CITY OF MUSKEGON
Clerk
616/724-6705 NOTICE OF HEARING ON
DANGEROUS AND UNSAFE CONDITIONS
C. N. Services
616/724-6717
DATE: July 20, 1999
Engineering
6161724-6707
TO: MikeDeWald
Finance
616/724-6713
SUBJECT: Dangerous Building Case #99-24- 1212 Jefferson
Fire Dept.
6161724-6792
PLEASE TAKE NOTICE that a hearing before the Housing Board of Appeals for the City
Income Tax of Muskegon will be held on August 5, 1999 at 5:30 p.m. at the Muskegon City Hall
616/724-6770
Commission Chambers on the first floor. Said hearing will be for the purpose of
determining whether the structure should be demolished or otherwise made safe.
Inspections
616/724-6715
The structure has been inspected by officials from the Neighborhood and Construction
Services Department and it is alleged that it has defects as listed on the attached page(s).
Leisure Service
616/724-6704
The defects are violations of Section 4-23 of the Muskegon City Code which defines
Manager's omce
dangerous buildings.
6161724-6724
At the hearing, the Neighborhood and Construction Services Department will present
~layor·s omce testimony regarding the alleged defects. You are advised that you or your representative
6\6/724-6701
may cross examine the City's witnesses and you may present testimony in your own behalf
and call witnesses in your own behalf. We encourage you to attend the meeting since it is
Planning/Zoning always better if someone is available to answer any questions the Board may have.
6161724-6702
Neighborhood and Construction Services
Pollce Dept.
6161724-6750 City of Muskegon
Public Works
616/726-4786
Treasurer
6161724-6720
Water Dept
6161724-6718
City of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443·0536
\rflrmatiw .\ctlon
6 \ 61 72-1-6703
MUSKEGON
.-\ssessor
616/72-1-6708
Cemetery
616/724-6783
Civil Sen•ice West Mk:bl8an's Sborellne (lty
616172-1-6716
NOTICE AND ORDER
Clerk
616/724-6705
June 18, 1999
C. N. Services
6161724-6717
Donald McMillan
1212 Jefferson St., Apt. 2
Engineering Muskegon,Mi.49441
616/724-6707
Michael De Wald
Finance 836 W. Grand
6!61724-6713
Muskegon, Mi. 49441
Fire Dept.
6161724-6792 Dear Property Owner:
Income Tax
Subject: 1212 Jefferson
616/724-6770 N ½ Lot 2, Block 384
Inspections The City of Muskegon Building Official has recently inspected the subject property and has
6161724-6715
found the buildings to be dangerous as defined under Section 4-23 of the Muskegon City
Code.
Leisure Service
616/72--1-6704
As a result of this finding, you are hereby ordered to REP AIR or DEMOLISH the
structures within thirty (30) days.
Manager's omce
6\61724-672--1
If you elect to repair the structures, you must secure all required permits and physically
commence the work within thirty (30) days from the date of this order.
Mayor's omce
6!61724-6701
Should you have any questions concerning this matter, please do not hesitate to contact our -
Planning/Zoning
Building Official, Jerry McIntyre at 724-6715.
616172--1-6702
Sincerely yours,
Police Dept.
6 I 61724-6750
Public Works Daniel Schmelzinger
616/726---1786
Director, Neighborhood and Construction Services
Treasurer
616172--1·6720
Waler Dept.
616172--1-6718
City of Muskegon. 933 Terrace Street, P.O. Box 536, Muskegon. Michigan 49443-0536
DANGEROUS BUILDING INSPECTION
1212 JEFFERSON
6/14/99
I. Home is boarded up - results of fire in basement.
2. Roof covering is in need of repair.
3. Siding is in need of repair.
4. Broken out windows.
5. Side entry needs handrail and guardrail repair.
6. Smoke and fire damage in home.
BASED UPON MY RECENT INSPECTION OF THE ABOVE PROPERTY, I HAVE
DETERMINED THAT THE STRUCTURE MEETS THE DEFINITION OF A
DANGEROUS AND/OR SUBSTANDARD BUILDING AS SET FORTH IN SECTION
4-23 OF THE MUSKEGON CITY CODE.
TINOWSKI, BUILDING INSPECTOR
,
r( DATE
CONCURRED IN,'-
JERRY
),,!!#, /22'.,~
OFFICIAL
TYRE, B ~
Fire Department Date amend
Mus]{egon Fire ·oepartment
MF I R S · A
Heather Temp Hind Dir and Velocity Chanie
Incident REfport neie ea
) DIdent Incident Ro. No. ¥ear Day O! Week J..lar11 Time Time Arr.ive Time Clrd. Sta.
6110 3478 J~ 10 ~~ 98 6 Friday 08:59 09:00 10:41 1
Incident Location: No., Street, City
1212 Jefferson
Apt./Suite zi; Code
4 441
Census Tract
602
Occupant: Last, First, Mi. Phone Contact Person
several
. .. .. ---·
I l .
Owner: -Last, -First, Mi. Phone -Address
McMillan (616)722·1199 838 W. Grand
Ty~ of Situation Found ~pe of Action Taken Mutual Aid
1 Structure fire Extinguishment Recv Given
Fixed ProJ!l!rty Use Probable Act or Omission Fire Dept Use
4 2 2 3·6 apartment units 54 Short circuit E
Method of Alarm from Publit Fire Dept. Use 1st Co. in Shift Alarms
7 911 95 1 1
I Fite Serv Penon Resp. Kngines, Pu~rer Mini· Pmnpers Aerials, Ladden Squads aRescues Tankers Ind. Grass Fire Other F.D.
to Incident Loe 14 Respond Respond Respond Respon 2 Trailers Rigs Veh. 3
I PERSONS INJUREDJ Fire Serv 1 Non-Fire ServJI FATALITIESJ Fire Serv I Non• Fi re Serv 1 Pers Rscd
General Profert Use(Complex) Mobile Proberty Class Eljilitment Involved in Ignition
1
4 2 Apar men complex 8 Mobile property type n/a 9 No equipment involved
Area Of Origin Fo~l}f featCa~si~g Ignition Tle 30f M~te_rial airst Ignited
4 o B"a"se·ment rc-mec . amage awn woo
Form Of Material Ignited Level Of Fire Origin Method Of Rxtinguishment
1 7 Structural membr 8 Below ground level 6 Hose :pre con. to hydr
Building, Vehile or Other · Insurance Co. if known) Amount of Insurance Est Property Value Est Proper~ Loss
None 0.00 0.00 1 000.00
Contents· Insurance Co. (if known) Amount of Insurance Est Contents Value Hst Contents Loss
i1bi1e 0.00 0.00 2500.00
Number Of Stories Construction Ttpe ixtent Of Flame Damage Extent Of Smoke Damage
2 2 stories. 8 Unprotec ed wood frame 6 Structure of origin 6 Structure of origin
Ty~ Auto. Extinguishment System Extinguishment System Performance
? No system present 8 No equipment present
Detector Type Detector Power Supply Detector Performance
2 smoke-photoelectric prin. J. Battery only 4 Not at origin-did not opr
IF SMOKE SPREAD ~~ Material Gen. Most Smoke Form Of Material Gen Most Smoke Avenue of Smoke Travel
R BEYOND ROOM OF ORIGIN Multiple types 9 7 Multiple forms 8 No significant avenue
IF NOBILE Year Make Model Vehicle Nuinber License Nu11lber
3 PROPERTY
IF B~UIPMBNT Year Brand Name Model Serial Humber
r IHVO VBD
IO. of Gal. of No. and Feet of Hose
Water Used Boorer l~t/2' Feed 2:112• l~j/2' Feed o;1er
u No. Feet 1 Ho. No. Feed No. No Feet
V
lind i8o.U~ed lind_ (o.Used lind J8o.Used Kind _ (o.
Use~ Kind !Ho.Used Kind /o.Use~ Kin~ to-~sed
lind ?o.1Jsed kind Ro.1Jsed kind i"ilo .1Jsed !ind lilo.1Jsed !ind J1'o.1Jsed !ind wo.Used !ind wo.Used
\ 1 1 1
a1e,and Rank of Officer in Charge at Incident Person Making Report, If different fro• Officer in charge
Dennis Duff, Battalion Chief
REMARKS
Muskegon Fire Department
For Incident: 3478 Exposure: 00 DATE: 10/16/98 TIME: 08:59
\
On 95 arrival smoke showing roof area vents.
Qn 91 arrival working fire stated.Occupants stated fire was
in basement and evei:yone was outside except occupant front
upstairs apa~tment.I ordered a primary search.Capt. Tim
Rosema and F/F Pete Hughes entered front door going up to
front apartment and rescuing occupant.(Marvin CareylEMS
personnel from Professional Amb.transported to Hackley
Hosp.24 crew backup rescue team.Secona floor was laddered
and ventilation set up.71 & 45 entered through back door
into basement extinguishing fire.All crews cfiecked for
extension and ventilated.
Origin of fire wAs in center basement area.
Fire Inspector M.Metcalf investigating.
Batt. Chief Dennis Duff
Investigation revealed that the fire started from th~
improper use of an extension cord to power a light fixture.
The cord was plugged into an outlet at one end and wrapped
around a structural member. From there the cord ran to the
east and was utilized to provide power to a light fixture.
There is evidence of electrical arcing along tfie cord where
it was wrapped around the 2x4. It is the opinion of this
investigator based on the evidence found at the scene and
statements made by the tenants that the cord had lost it's
insulation and was arcing for a period of time. This caused
pyrolisis to occur to the wood member and allowed it to
ignite at a lower ignition temperature than would normally
be required. Photographs were taken and the wire was
gathered and will be stored in our evidence locker. This
case is closed.
Robert B. Grabinski
Fire Marshal
Page 1
)
(
------
Commission Meeting Date: August 22, 2000
Date: August 1 o, 2000
To: Honorable Mayor and City CommissJo ers
From: Planning & Economic Developmen~
RE: Rezoning request for Verplank Property on Muskegon Lake
SUMMARY OF REQUEST:
Request to rezone property located on Muskegon Lake, north of Fisherman's Landing,
from LR, Lakefront Recreation to WI-PUD, Waterfront Industrial Planned Unit
Development.
FINANCIAL IMPACT:
None
BUDGET ACTION REQUIRED:
None
STAFF RECOMMENDATION:
Staff recommends approval of the request due to compliance with Master Land Use
Plan and Waterfront Redevelopment Plan.
COMMITTEE RECOMMENDATION:
The Planning Commission recommended approval of the request at their 8/9/00
meeting. The vote was unanimous.
8/1012000
City of Muskegon
Planning Commission
Case #2000-29
-<;>-,
// / ~ r
v&
\.<'~ \~
1-2 ~J- I
~
. /J OSR
(Richards Park)
* = Subject Property(ies)
0
i,/~, = Notice Area
; B4 = General Business
1-2 = General Industrial
OSR = Open Space Recreation
\/\/Wi = Waterfront Marine
Muskegon Lake
I
1000 0 1000 2000 Feet
Staff Report [EXCERPT]
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
August 9, 2000
Hearing; Case 2000-29: Request to rezone property located on Muskegon Lake (north
of Fisherman's Landing) from LR, Lakefront to WI-PUD, Waterfront Industrial
Planned Unit Development, by Verplank Dock Co.
BACKGROUND
Applicant: Verplank Dock Co.
Address/Location of Subject Property: vacant property on Muskegon Lake
Current Use: Vacant
Current Zoning: LR, Lakefront Recreation
Proposed Zoning: WI-PUD, Waterfront Industrial Planned Unit Development
STAFF OBSERVATIONS
1. In 1999, Verplank Dock Co. purchased the subject propeJty from CMS in order to expand
their operations. After discussion with staff as to the best zoning district for the property,
Verplank requested that the City look at creating a new zoning district for pmt types of
activities and that their prope1ty would be rezoned to this new district, once established.
2. The WI-PUD zoning district was created in early 2000, so this rezoning request
completes the second pmt ofVerplank's request. Currently there is no property zoned as
WI-PUD - this property would be the first.
3. The subject propeJty is approximately 53 acres and is currently vacant. It is located on
the east end of Muskegon Lake, directly adjacent to Fisherman's Landing, near the B.C.
Cobb plant and Richards Pm-k. The surrounding mea contains commercial, industrial and
recreational uses, with the Jackson Hill neighborhood located to the east, across Seaway
Dr.
4. The subject propeJty contains a wetlands area, as it is directly contiguous to one of the
branches of the Muskegon River, as well as Muskegon Lake. Because the district
requires a PUD, appropriate buffer areas for the river and associated wetlands can be
accommodated in the final PUD design.
5. The subject propeJty is located in Sub-Area 11, which the Master Land Use Plan calls
"the doo1way to the Downtown" as it is the first pmt of the City that travelers from the
north see on their way into town. The Master Land Use Plan states:
• The northern one-half of the sub-area consists of the B. C. Cobb (Consumer's Energy)
coal fired electric power generating plant and the Muskegon River (North, Middle,
and South branches with associated wetland,). These features are easily observed by
City of Muskegon Planning Commission - 8/9/00
those traveling via Seaway Drive from the north. Both create positive impressions of
the City.
• The expanse of open water and wetlands formed as the Muskegon River converges
with Muskegon Lake offers an ecosystem supporting an array offish, plants,
migratmy waterfowl and other wildlife. This area provides and excellent, and
nationally recognized, sport's fishery.
• The southern one-half of the sub-area is comprised ofstrip commercial, industrial,
undeveloped sites (due in large part to their wetland character), and Fisherman's
Landing (a public boat launching site).
• The northern one-ha[{ of the area is classified as very stable due to the presence of
the B. C. Cobb Power Plant and Muskegon River. The southern one-half is
anticipated to undergo marked change over the next ten to twenty years as older uses
make way for the revitalization of the wate~front.
• The environmental integrity of the Muskegon River, and associated tributaries and
wetlands, are critical to the future well-being of the City.
• The large scrap metal/recycling industry, as with other industries of a heavy
industrial character, are not conducive to the positive long term development of the
area.
6. The Master Plan recommends for this sub-area:
• In cooperation with (non-water related) industry along the shoreline, develop and
implement relocation programs moving the operations to appropriate industrial sites,
such as within the City's complex of industrial parks.
Pursuant to this recommendation, select areas along the shoreline may be suitable
for industrial uses directly associated with the deep water port capabilities of
Muskegon Lake. Such industries may include aggregate and non-hazardous bulk
products, large container shipments, and other goods utilizing the Great Lakes for
product movement. Unlike other subareas with Muskegon Lake.frontage, Sub-Area
11 is closely linked to the region's interstate road system.
• Prepare a comprehensive, sub-area redevelopment (design) plan/or Sub-Area 11
based on the use of innovative development techniques (i.e., Waterfront Overlay
Zone/Planned Unit Development). Future development should be coordinated in a
planned, versus piecemeal, fashion.
7. The Muskegon Waterfront Redevelopment Plan states:
• At present, bulk shipping operations are spread rather thinly along almost the entire
southern shore ofMuskegon Lake. This distribution is one of the principle reasons
why large stretches of shoreline are currently under-utilized and off limits to the
public ... As a means to both promote shipping activity and to encourage more
compatible lakefront development, it is recommended that a long-term goal of the
City should be to work toward relocating and clustering heavy industrial and
City of Muskegon Planning Commission - 8/9/00 2
commercial port operations. A preferred location would be one which is visually and
environmentally least obtrusive, and where access to the City's transportation
linkages to the state highway system is also available.
• At a minimum, the logistical requirements for a port include ample land for storage
and warehousing, deep water berths, and convenient access to a regional
transportation network. Ofall the sections ofshoreline historically usedfor
industrial purposes, the section ofshoreline between Fisherman's Landing and the
CMS, Cobb Plant perhaps best meets all of these criteria. Along this stretch of
shoreline there are several deep water slips, ample acreage for storage and access to
inland rail transport. Most importantly, it is only a short distance to US. 31 and its
confluence with 1-96 ...
ORDINANCE EXCERPTS
ARTICLE XIII - LR LAKEFRONT RECREATION DISTRICTS
PREAMBLE
The primary intent of the LR Lakefront Recreation District is to provide for areas abutting Muskegon Lake
including Muskegon River and Lake Michigan to be utilized for both public and private recreational and
recreation oriented facilities. It is intended that any commercial facilities be limited to water related recreation
activities.
SECTION 1800: PRINCIPAL USED PERMITTED
In the LR Lakefront Recreation District, no building or land shall be used and no building shall be erected,
structurally altered, or occupied except for one (I) or more of the following specified uses, unless otherwise
provided in this Ordinance.
I. Marinas for the berthing and servicing of boats, but without major repair or storage facilities.
2. Restaurants and cocktail lounges.
3. Hotels and motels.
4. Accessory buildings and accessory uses customarily incidental to the above Principal Uses Permitted.
5. Uses similar to the above Principal Uses Pennitted.
SECTION 180 I: SPECIAL LAND USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted under the purview of
Section 2332 after review and approval of the use (and a site plan, if required) by the Planning Commission,
after Public Hearing, subject to the applicable conditions, and any other reasonable conditions imposed by the
Planning Commission:
I. Residential development projects.
2. Private clubs, lodge halls, social, or recreational uses.
City of Muskegon Planning Commission - 8/9/00 3
3. Accessory buildings and accessory uses customarily incidental to the above Special Land Use
Permitted.
4. Seasonal, recreational, camper and trailer parks, and facilities.
5. Uses similar to the above Special Land Uses Permitted.
SECTION 1802: PLANNED UNIT DEVELOPMENTS [amended 10/98)
SECTION 1803: AREA AND BULK REQUIREMENTS [amended 4/00J
WI-PUD WATERFRONT INDUSTRIAL PLANNED UNIT DEVELOPMENT DISTRICTS
[amended 4/00)
PREAMBLE
The Waterfront Industrial PUD district is established primarily for water-dependent, commercial shipping of
bulk, general cargo, or container goods by freighter, bulk carrier, tanker, tug barge, or other similar commercial
vessels. The WI-PUD District is intended to promote the consolidation of commercial port activities at the
eastern terminus of Muskegon Lake because of its proximity to the interstate, established industrial uses, and
isolation from residential zones. The intent is to localize this district to promote symbiotic relationships among
industrial port activities and to discourage the expansion of such activities elsewhere along Muskegon Lake
frontage. It is further the intent of this district to require planned unit developments for all projects to ensure a
mix of port uses that enhances the industrial economic base of the city. The planned unit development tool
shall be applied to promote flexibility in development and to enhance functional relationships among uses in
the district.
The general categories of uses permitted in the WI-PUD district are associated with standard industrial
classifications, major group industry 44, "Water Transportation" as found in the 1987 Standard Industrial
Classification Manual prepared by the Executive Office of the President, Office of Management and Budget.
SECTION 1504: USES PERMITTED
The following uses, and their accessory buildings and accessory uses, shall be permitted as planned unit
developments. Planned unit developments shall be reviewed and approved by the Planning Commission and
City Commission subject to the conditions outlined below.
PRINCIPAL USES:
1. Water transportation of freight.
2. Railroad and auto passenger ferries.
3. Marine cargo handling; loading, unloading and stevedore facilities.
4. Marine terminal uses including ancillary inter-modal transportation operations.
5. Any use with outside storage of aggregate, limestone, coal, slag, salt, sand or other bulk materials
shipped by commercial watercraft vessels and or barges.
6. Grain elevators.
City of Muskegon Planning Commission - 8/9/00 4
7. Bulk and warehouse storage of goods shipped by commercial maritime vessels.
8. Towing and tugboat services for commercial freight water vessels.
9. Barge fleeting, mooring and servicing.
I 0. Lighterage.
11. Commercial engine and hull repair.
12. Marine dock, breakwater, harbor construction and repair contracting.
13. Marine dredging contractors.
14. Palletizing, decanning, container stripping and packing operations associated with maritime shipping
and transport.
15. Bulk liquid facilities of non-hazardous materials.
16. Material recovery facilities that are entirely contained in buildings.
17. Commercial fishing facilities.
18. Any other uses which meet the intent of this district as deemed by the Planning Commission and City
Commission; except that in no case shall a prohibited use be permitted.
ACCESSORY USES:
1. Docks, wharves, piers or transit sheds or related facilities used in connection with the transfer,
handling, storage and transit and incidental processing of cargo from or to waterborne craft.
2. Truck or rail freight terminal supporting water freight transport.
3. Offices associated with port facilities and functions.
4. Parking decks.
5. Watchmen quarters employed on the premise.
6. Lift equipment to load and unload ships.
7. Weigh stations.
8. Lighthouse.
9. Fuel dock.
10. Seaplane base.
SECTION 1505: PROHIBITED USES
1. Asphalt batching.
2. Cement processing.
City of Muskegon Planning Commission - 8/9/00 5
3. Storage of petroleum products stored in excess of 1,000 gallons.
4. Hazardous material or hazardous chemical storage or transp01t.
5. Ship cleaning.
6. Salvage yards, ship scrapping, dismantling and wrecking operations not wholly contained in buildings.
7. Livestock holding.
8. Marine Salvage.
9. Manufacturing.
IO. Open storage of fertilizers, agricultural lime and other chemicals.
11. Billboards.
SECTION 1506: REVIEW STANDARDS
The Planning Commission shall approve, deny or modify preliminary planned unit development plans, based
upon the site plan review and landscaping standards of this ordinance and the following standards below.
Likewise, the City Commission shall approve, deny, or modify final planned unit development plans (after
review and recommendation by the Planning Commission) based upon the following standards:
I. The uses proposed will have a beneficial effect, in terms of public health, safety, welfare, or
convenience of any combination thereof, on present and potential surrounding land uses. The uses
proposed will not adversely affect the public utility and circulation systems, surrounding properties, or
the environment.
2. The uses proposed should be consistent with the land use plans adopted by the City.
3. The amount of open space provided is compatible with and meets the requirements of this ordinance,
which the Planning Commission or City Commission may modify, even though such modifications do
not conform to that required in other sections of this ordinance.
4. The amount of off-street parking areas is adequate, which the Planning Commission or City
Commission may modify even though such modifications do not conform to that required in other
sections of this ordinance.
5. The amount of landscaping and buffering areas provided are compatible with and meet the
requirements of this ordinance, which the Planning Commission or City Commission may modify
even though such modifications do not conform to that required in other sections of this ordinance.
6. The design provides for the protection or enhancement of significant natural, historical, or
architectural features within the proposed development area.
7. The uses proposed will result in safe, convenient, uncongested and well defined vehicular and
pedestrian circulation systems.
8. The land uses presented shall provide a mix of uses to perpetuate an economically viable, mixed use
p01t.
9. The project shall demonstrate adequate support services for all activities.
City of Muskegon Planning Commission - 8/9/00 6
I 0. Stockpiles of salt and agricultural lime must be covered or sufficiently isolated from the surface water
to prevent leaching.
11. Aggregate, salt, lime, or soil stockpiling areas shall not occupy more than 50% of the site or district.
12. Truck freight terminals shall not occupy more than 30% of the site area or district. Trucks shall be
stored a minimum of two hundred (200) feet from the ordinary high water mark.
SECTION 1507: AREA AND BULK REQUIREMENTS
The following are meant as general guidelines. Through the process of the Planned Unit Development process,
the Planning Commission may determine that changes to the standards are appropriate to both meet the needs
and objectives of the project and the city ...
DELIBERATION
Criteria-based questions typically asked during a rezoning include:
1. What, if any, identifiable conditions related to the petition have changed which justify
the petitioned change in zoning.
2. What are the precedents and the possible effects of precedent which might result from
the approval or denial of the petition.
3. What is the impact of the amendment on the ability of the city to provide adequate
public services and facilities and/or programs that might reasonably be required in the
future if the petition is approved.
4. Does the petitioned zoning change adversely affect the environmental conditions or value
of the surrounding prope1ty.
5. Does the petitioned zoning change generally comply with the adopted Future Land
Use Plan of the City.
6. Are there any significant negative environmental impacts which would reasonably
occur if the petitioned zoning change and resulting allowed structures were built such as:
a. Surface water drainage problems
b. Waste water disposal problems
c. Adverse effect on surface or subsurface water quality
d. The loss of valuable natural resources such as forest, wetland,
historic sites, or wildlife areas.
City of Muskegon Planning Commission - 8/9/00 7
CITY OF MUSKEGON
MUSKEGON COUNTY, MICIDGAN
ORDINANCE NO. 2030
An ordinance to amend the zoning map of the City to provide for a zone change for certain property
from LR "Lakefront Recreation," to WI-PUD "Waterfront Industrial Planned Unit Development"
THE CITY COMMISSION OF THE CITY OF MUSKEGON HEREBY ORDAINS:
The zoning map of the City of Muskegon is hereby amended to change the zoning of the following
described property from LR "Lakefront Recreation", to WI-PUD "Waterfront Industrial Planned Unit
Development":
APARCEL OF LAND IN THE SOUTHWEST ¼ OF SECTION 17, THE SOUTHEAST ¼
OF SECTION 18, THE NORTHEAST ¼ OF SECTION 19 AND THE NORTHWEST ¼
OF SECTION 20, ALL IN TOWNSIDP 10 NORTH, RANGE 16 WEST, SAID PARCEL
OF LAND CONTAINING ALL OR PARTS OF BLOCKS 547, 548, 549, AND 551 OF
THE REVISED PLAT (OF 1903) OF THE CITY OF MUSKEGON AND OTHER LAND,
SAID PARCEL OF LAND BEING MORE SPECIFICALLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE POINT WHERE THE CENTER LINE OF GIDDINGS AVENUE
INTERSECTS THE EAST LINE OF OTTAWA STREET; THENCE WESTERLY ALONG
SAID CENTER LINE OF GIDDINGS A VENUE EXTENDED TO THE WESTERLY
LINE OF WESTERN AVENUE; THENCE NORTH 22 DEGREES 50 MINUTES EAST
ALONG SAID WESTERLY LINE OF WESTERN AVENUE, 50.00 FEET; THENCE
NORTH 67 DEGREES 10 MINUTES WEST ALONG THE NORTHERLY LINE OF
PROPERTY SOLD TO THE CITY OF MUSKEGON BY CONSUMERS POWER
COMPANY (WARRANTY DEED DATED MAY 11, 1944), 200.00 FEET TO THE
PLACE OF BEGINNING OF TIDS DESCRIPTION; THENCE NORTH 10 DEGREES
EAST ALONG THE WESTERLY LINE OF PROPERTY NOW OR FORNIERLY
OWNED BY THE PERE MARQUETTE RAILWAY COMPANY, 600.00 FEET TO A
POINT, SAID POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE
CONTINUING NORTH 10 DEGREES EAST ALONG SAID RAILROAD PROPERTY
LINE, 2335.33 FEET TO AN IRON ROD NEAR THE SOUTHERLY BANK OF THE
MUSKEGON RIVER; THENCE CONTINUING NORTH 10 DEGREES EAST TO THE
THREAD OF SAID RIVER; THENCE WESTERLY AND SOUTHWESTERLY ALONG
SAID THREAD TO THE EASTERLY SHORE OF MUSKEGON LAI
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